The Committee of Seventy s 2015 INTEGRITY AGENDA PHILADELPHIA CITY COUNCIL

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1 The Committee of Seventy s 2015 INTEGRITY AGENDA PHILADELPHIA CITY COUNCIL The Committee of Seventy is asking you and the other declared candidates for Philadelphia City Council to commit to the attached Integrity Agenda which is directed towards continuing to improve the political culture in Philadelphia. Many other critical issues beyond those involving honest government will dominate your campaign before it is over. But belief in your proposed solutions to improving public education, reducing poverty, fixing the city s pension liability or anything else will inevitably depend on whether city residents believe that their City Council representatives are trustworthy. We urge you to embrace the recommendations you favor, explain your reasoning behind any you oppose and offer additional ideas we haven t thought of. In 2007 and 2011, Seventy distributed an Ethics Agenda to the candidates for City Council. We are pleased that a number of reforms recommended in our agendas have been achieved, including: Enacting the city s first-ever lobbying registration and disclosure law. Outlawing cash gifts for Philadelphia s elected officials and employees. Establishing a monetary threshold for the acceptance of non-cash gifts. Improving the city s campaign finance ordinance. Working more cooperatively with the Philadelphia Board of Ethics. At the same time, there is a significant amount of unfinished business, most notably: Enacting permanent rules that apply across the government, including forbidding nepotism, and imposing greater restrictions on outside employment. Establishing a permanent, independent Office of the Inspector General in the City Charter. Passing a comprehensive whistleblower law. The next Council has an opportunity to strengthen Philadelphia s legal and policy framework to reach the highest level of ethical standards. As you embark upon your campaign, we ask that you state your position on 16 specific reform measures that are designed to make Council as an institution, its members, and City government overall more accountable, transparent and effective. Again, we invite you to share your own ideas for improving ethics and integrity in Philadelphia

2 government. Your responses, and those of your opponents, will be published on the Committee of Seventy s website ( Please state your agreement, or explain your disagreement, with the following reforms: City Council At-Large candidate Terry Tracy s responses are below in red. I. Ethics and Transparency Creating a Charter-Sanctioned, Permanent Inspector General. By Executive Order, Mayor Michael Nutter appointed an Inspector General to investigation corruption, fraud, waste and dishonest practices within the executive and administrative branches. During 2013, the OIG saved or recovered $10.9 million for city taxpayers. Its investigations that year led to the termination or resignation of 28 city employees and the arrest or indictment of 10 individuals. 1. I will support a proposed amendment to the Philadelphia Home Rule Charter to create a permanent, independent Inspector General with jurisdiction over the entire city government. I am willing to support a Charter change to create a permanent Office of the Inspector General (OIG) provided that there is a clear delineation of roles and responsibilities between this new office, the City Controller s Office and District Attorney s Office of Public Corruption. As a steward of taxpayer dollars, I will ensure that funds allocated to the $7 million City Controller budget to identify waste, fraud, abuse and funds allocated to the $33 million District Attorney s budget are, in part, spent to investigate and prosecute public corruption, are not spent in a duplicative way with redundant responsibilities in a permanent OIG. The City Charter enumerates significant powers to the City Controller s office in an effort to provide for its complete autonomy from and jurisdiction over the executive, administrative, and legislative branches of city government. How does the proposed amendment contemplate this relationship? In its current form, the Charter envisions two popularly elected, independent executives the City Controller and District Attorney as the officers sanctioned to identify and prosecute municipal corruption. In order to support this proposed amendment, I must be satisfied that the relationship established by the legislation between the Inspector General s Office and the executive, administrative, and legislative branches is sufficiently autonomous, even more autonomous than the aforementioned popularly elected executives. Making City Council s Budget Details Transparent. Detailed budget information is publicly available for every taxpayer-funded unit of city government, including the Mayor s office, City departments, commissions, boards and agencies and the independently elected row offices. That information is critical to City Council s effective oversight of the annual budget process. City Council is the only unit of government that does not provide details on its own proposed spending. 2. I will support making information on Council s proposed budget publicly available online, in the same format and in the same detail as other city departments. Yes, City Council should be required to disclose budget details in the same level of detail, method of disclosure, and established timeline as other units of city government. The City Council President should

3 be required to submit a Budget Testimony document to the public record each fiscal year in accordance with the established budgeting process. 3. I will make detailed information on the budget of my own office publicly available online. A budget detail for each councilmanic office should be provided in the Council President s annual budget testimony to ensure disclosure methodology and timelines are consistent. Regulating Ties between Elected Officials and Non-Profits. Recent news accounts have raised troubling questions about ties between elected officials and non-profits, including reports of officials steering public dollars to pet non-profits, hiring or promoting the hiring of relatives or close associates to pet nonprofits or making personal use of dollars intended for non-profits with which they are affiliated. There are no existing city rules that require disclosure of these relationships. 4. I will support legislation that requires all employees who are obligated to file the city s annual Statement of Financial Interests to report to the Philadelphia Board of Ethics any ties that they and members of their immediate family (spouse, domestic partner, parent, sibling, or child) have to non-profits. The information should be publicly available online. Yes. 5. I will personally disclose to the Board of Ethics any connections that I and any member of my immediate family have with non-profits. The information will be publicly available online. Yes. In recent decades, as economic uncertainly and revenue shortfalls have too often squeezed state and local governments discretionary spending, countless non-profits have been established to provide vital services to those in need. In this context, well managed non-profits are uniquely equipped to improve service delivery and prioritize resources towards those in need. However, it is important to acknowledge that several recent accounts of public corruption have also implicated non-profit organizations that I believe were conceived in response to various civil service and good government reform initiatives. Further, it is increasingly evident that there is a network of non-profit entities with questionable ties to the city s politically connected that were established to operate as shadow patronage organizations. While I support the regulation of ties between elected officials and nonprofits, in general, and the two aforementioned disclosure proposals, in particular, I suspect they do not go far enough. The City Charter states that any agency that is the recipient of city appropriations may be subjected to a full financial audit by the Auditing Department. To that end, I would propose that any non-profit that is the recipient of city appropriations and ostensibly conducts business or provides a service on the city s behalf should similarly be required to submit an annual statement of financial activity pertaining to the receipt and expenditure of public funds to the Auditing Department. Any transactions conducted with public funds should be subjected to the municipal audit cadence. These types of financial safeguards protect both the financial integrity of the non-profit and the communities they wish to serve. By ensuring that funds are not lining the pockets of the politically connected, more money is available to be returned to the taxpayer or allocated to those who need it most.

4 Disclosing Second Jobs. Many city employees hold second jobs. However, since information on outside employment is not available online, it is hard for the public to determine any potential conflicts with the employee s city job performance or other city interests. 6. I will support legislation recommended by the Task Force on Ethics and Campaign Finance Reform to require all elected and appointed city employees to register their outside jobs, and a detailed job description, with the Philadelphia Board of Ethics on an annual basis and to update that information during the year, as needed. The information should be publicly available online. See below. 7. I will personally register any outside jobs held by me or members of my staff to the Philadelphia Board of Ethics, along with a job description, on an annual basis. I will update that information during the year, as needed. The information will be publicly available online. In concept, Elected Officials should be encouraged to maintain professions outside City Hall. The attainment of real world experience whether in business, professional services, creative endeavors, entrepreneurial endeavors, or even other modes of public service should be encouraged as it improves leadership skills and provides useful perspective when governing. Frankly, I am not convinced that, in an effectively streamlined city government, many of the city s elected positions should necessarily be full time jobs. However, I would support an effort by the Board of Ethics to establish Standards of Extra- Municipal Employment for Elected Officials, Civil Servants, etc. In this scenario, a city official seeking extra-municipal employment would be required to submit an application to the Board of Ethics disclosing all aspects of the professional arrangement prior to accepting outside employment to ensure it meets all standards set to mitigate conflicts of interest, political favoritism, etc. An ongoing annual discourse to the Board of Ethics to a similar end would also be appropriate. Should the Board identify any breach of Standards, they should make the breach known to the public through all appropriate outlets and there should be clear, consistent, and standardized enforcement mechanisms up to and including termination, electoral recall, etc. Banning Nepotism. Public officials sometimes hire or appoint members of their immediate family to work directly for them or recommend members of their immediate family for other paid or appointed positions in city government. There is no citywide rule banning nepotism. 8. I will support legislation that forbids any city official or employee from having a role in hiring or promoting or participating in other personnel decisions involving a member of their immediate family (spouse, life partner, parent, sibling, or child) either by the city official or employee or by others in city government. Yes. This is standard operating procedure in almost all publicly traded companies. The rationale is applicable to city government as well. 9. I will personally not hire, promote or make any personnel decisions or ask anyone else in city government to hire, promote or make any personnel decisions involving a member of my immediate family.

5 I will not hire, promote, or make any personnel decisions or ask anyone else in the city government to hire, promote or make any personnel decisions involving a member of my immediate family. Barring Political Activity by Non-Elected City Employees. Past efforts in City Council to loosen the restrictions on the political activity of most city employees have not been successful. As has been learned from recent scandals, partisan political activity during the work day can be difficult to stop. 10. I will continue to support current prohibitions that forbid most non-elected city employees to serve as ward leaders, committeepeople or from taking any part in the management or affairs of a political party or in a political campaign. I will support any prohibitions currently in place. 11. I will not personally hire a ward leader, committeeperson to serve on my staff or allow my staff members to take an active part in the management or affairs of a political party or in a political campaign, including my reelection campaign, while they are on my staff. I do not believe that individuals whose professional credentials would make them worthy of consideration for hire should necessarily be disqualified because of engagement in local party politics. Yes, they should absolutely be prohibited from engaging in political activity while on the clock or utilizing taxpayer funded facilities, materials, etc. However, I believe their right to organize politically in their personal time is inherently protected by the First Amendment of the United States Constitution. Second, as a member of the opposition party who has engaged in party affairs, I believe my efforts at party building have been necessary to ensure that we have more competitive elections in the future. This is essential to a functioning democracy. If elected, I am willing to resign my post as a ward leader in an effort to vitiate any impression of conflicts of interest. As a Councilman, I will work to advocate my party s organizing principles and governing philosophy because I believe this will add value to the policy making process. These are important distinctions. Protecting Whistleblowers. Philadelphia has several laws that protect city employees from retaliation for making credible reports of abuses and waste in government but they only apply in certain circumstances. 12. I will support passage of a comprehensive whistleblower law that provides sufficient protections for city employees who make good faith complaints about perceived wrongdoing in government. Yes. Ensuring Public Participation in City Redistricting. Redistricting occurs only once each decade. The current redistricting process outlined in the Philadelphia Home Rule Charter contains no process for public participation to ensure that district lines are fair and equitably drawn. 13. I will support the creation of a non-partisan and independent citizen s commission to allow for a more open and public process that will result in a fair citywide redistricting plan.

6 Absolutely. City leadership s most recent attempt at gerrymandering produced almost laughable results. Any objective individual presented with the existing geographic breakdown of councilmanic districts would concede our redistricting process is broken. I will not support any future redistricting plan that does not propose reasonably contiguous and politically rational councilmanic districts. II. Campaign Finance Preserving Philadelphia s Campaign Contribution Limits. Rulings of the U.S. Supreme Court have opened the floodgates for unlimited dollars not connected to local campaigns to flow to Philadelphia. Some have suggested that the only way to combat this is to eliminate the caps on contributions to candidates for local elective office. 14. I will oppose any effort that seeks to dismantle or weaken the city s campaign finance ordinance, including changing existing contribution limits. In concept, yes. However, I believe the emerging dark money creep in municipal elections should be cause for concern. This electoral cycle will be instructive. We should be willing to acknowledge that the current framework is less than ideal and further reform may be required. Also, additional work must be done to minimize contradictions between state and municipal law. Also, if the city maintains divergent campaign finance law, it should provide more advanced training options for candidates, treasurers, political action committees, etc. in order to heighten compliance. Demanding Disclosure of Independent Money in City Campaigns. Voters often have very little, if any, information about the donors behind unlimited spending not connected to political campaigns. This is a growing issue not just in federal elections, but in state and local elections as well. 15. I will support legislation to require individuals, non-profits, corporations, unions or any other sources of independent expenditures to influence a city election to disclose their donors to the Philadelphia Board of Ethics, in addition to what is already required. This information should be publicly available online. I do not believe this measure would endure an appeals process through the Commonwealth or Supreme Court. III. Administering and Enforcing City Ethics and Campaign Finance Rules Strengthening the Philadelphia Board of Ethics. Philadelphia s Board of Ethics administers and enforces the city s campaign finance, financial disclosure, conflicts of interest and lobbying laws. The Board has a $1 million annual budget and 10 current staff members far less than it needs to handle its broad responsibilities. 16. I will support additional financial resources and personnel to enable the Ethics Board to operate as effectively as the citizens of Philadelphia deserve.

7 I am willing to consider additional funding provided the Board s leadership presents a detailed proposal as to how and where current appropriations are allocated, how and where incremental appropriations will be spent, and what Philadelphia s taxpayers should expect as a result, e.g. how does the Board define success one year hence, in the next budgeting cycle? If you would like to supplement your responses to the questions above with any additional ideas or statements, please feel free to provide further comments below.