Board of Ethics

The Board of Ethics is the independent city body that administers and enforces Philadelphia's ethics, campaign finance, lobbying and financial-disclosure rules for city officials, employees and candidates. It is a city-charter body, separate from the state-level Pennsylvania State Ethics Commission and from the law-enforcement role of the District Attorney and federal prosecutors. It was created after voters approved a Charter amendment in 2006, in a period of public concern about public integrity.^[1]

1 Structure

The Board has five members, appointed by the mayor and approved by City Council, who serve five-year terms, according to the city's website. A professional staff is led by an executive director. J. Shane Creamer Jr. has led the staff since 2007, according to the Board's website.^[2] Staff handle investigations, legal advice, campaign finance review, training and enforcement. The Board's budget is part of the city budget set by Council; see Philadelphia City Budget Process.

2 Responsibilities

• Public integrity: rules on gifts, conflicts of interest, nepotism, post-employment limits and use of public resources for political activity.
• Campaign finance: contribution limits, reporting and disclosure; see Campaign Finance in Philadelphia.
• Lobbying: registration and reporting by people paid to influence city decisions.
• Financial disclosure: annual statements of financial interests for officials, which are public.
• Advice and training: the Board issues advisory opinions, regulations and trainings for city staff and candidates.

3 Complaints and enforcement

Anyone may file a complaint, anonymously or by name. Staff review it, and if they find a likely violation they may negotiate a settlement agreement approved by the Board, which typically includes a fine. The Board can also go to court to enforce rules. Settlements and advisory opinions are posted on the Board's website. The Board does not prosecute crimes; criminal matters go to the District Attorney, the U.S. Attorney's Office or other authorities. Employee misconduct within mayor-controlled agencies is also investigated by the Office of the Inspector General. For a how-to, see How to Report Corruption or Misconduct.

4 Notable disputes

In April 2023 the Board sued a super PAC supporting mayoral candidate Jeff Brown, alleging the group coordinated with his campaign to exceed limits. A judge ruled against the Board in September 2023, according to the Inquirer, and in May 2024 the Board updated its campaign finance regulation. The respondents denied violating the law.^[3] In an earlier episode in 2009 the Board fined its own executive director a small sum for a minor violation, as reported by the Inquirer. Elected officials and the Board have also disagreed publicly over the boundaries between the Board's authority and that of the Inspector General.

5 Other watchdogs

The Board is one of several oversight bodies: the City Controller audits finances, the Inspector General investigates fraud and misconduct, and private groups monitor government; see Good Government Groups. For state-level rules, the Pennsylvania Public Official and Employee Ethics Act applies to city officials in some respects, such as financial-interest statements.

See also: Conflicts of Interest and Pay-to-Play, Philadelphia Home Rule Charter, Political Corruption Cases in Philadelphia.

References

1. City of Philadelphia, Home Rule Charter, Board of Ethics provisions; Philadelphia Board of Ethics, "About" (phila.gov/departments/board-of-ethics).
2. Philadelphia Board of Ethics, "Staff" page (phila.gov/departments/board-of-ethics/about/staff).
3. Philadelphia Inquirer, "Mayor's race Jeff Brown super PAC ethics board," December 11, 2023; Billy Penn, May 4, 2023.
4. Philadelphia Inquirer, "Ethics board fines its chief $500," May 26, 2009.