Is Board Of Ethics Being Unethical?

BY ADAM LANG/ Does an ethics complaint make a sound if no one answers it? Or more aptly, “What happens to an ethics complaint if City Hall refuses to respond?”

I have been a big fan and supporter of the Board of Ethics ever since its creation. I have also frequently put in complaints for a variety of activities I thought the Board should look into. While I was not always happy with the result, that has always been more a problem with the laws than with the Board’s investigative work.

Over the last year, though, I have grown concerned about BoE because of a specific complaint I filed and the disturbing events surrounding it. On Mar. 2, 2011, over one year ago, I submitted a complaint to BoE about political activity of City employees, specifically in regards to the employees the City Controller has on the School District payroll. Many are committeepersons and work on the campaign of Controller Alan Butkovitz – activity expressly prohibited by the City Charter, but allegedly a gray area because the School District is paying their salary (in an ironic twist, Controller Butkovitz himself has sought attention by complaining about improper School District costs.)

I say “allegedly,” because in 2009, when this was an issue with Bureau of Revision of Taxes’ having employees who engaged in political activities on the School District payroll, Mayor Nutter was reported as saying, “Following a review by City Solicitor Shelley Smith, those workers have been deemed City employees.” One would think it would be a cut-and-dried case for the City Controller employees as well.

Not so, it now appears. I remained in touch with BoE and for the first part of the year, its spokespersons said there was an exchange between the Board and the Law Dept. to get an opinion from the City Solicitor on the law. Up until December, BoE was still waiting on an opinion from the City Solicitor. Nine months, and still the City Solicitor couldn’t decide if someone was a City employee subject to political activity laws.

At the beginning of January, I spoke to BoE again and was informed the Law Dept. promised a response by the end of the month. At the beginning of February, I called again just to be told the Law Dept. said they needed two more weeks because they were busy.

At this point, I informed BoE I would be attending the February board meeting to express my concerns about the whole process with this complaint. I explained my concerns to the Chairman and Board about the complaint and how it seems the Law Dept. is obstructing the Board of Ethics. The response was: No comment, because it was an enforcement issue (Regulation 5). I then asked what the Board’s procedures were on dealing with City departments that don’t respond in a timely manner. No comment, because of Regulation 5. But if the Board can’t comment on its own procedures, where does the public go to address these concerns? No comment, because of Regulation 5.

This raises several questions and observations about how BoE operates, as well as about the goings on in City Hall.

First, is it that easy to block an ethics complaint – just by refusing to respond to the Board? In this instance, we are talking about an opinion that was rendered by the City Solicitor (but not on paper) just a year and a half prior. It is hard to believe it required another year of legal research.

Second, how is the Board of Ethics held accountable and certified free from a political agenda?

Third, where does Mayor Nutter fit in to all of this? As Councilman, he created the legislation for the Board of Ethics and now, as Mayor, the City Solicitor answers to him. Why is he allowing his Law Dept. to ignore the Board of Ethics? What is in it for him to protect Controller Butkovitz’s employees? Is ethics for him only as far as it is politically expedient?

Finally, why is the cash-strapped School District still paying for City Controller employees and why is City Hall is actively working to keep them there?

(Adam Lang resides in Sharswood. A community activist who fights for clean government in Philadelphia, he is a candidate for Delegate to the Republican National Convention in the 2012 primary election. He can be reached at www.adamlang.com.)

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