§ 3-806.  Board of Ethics. 70
   (a)   Composition. There shall be a Board of Ethics consisting of five members appointed by the Mayor with the advice and consent of a majority of the members of City Council. Members shall be chosen for their independence, integrity, civic commitment and high ethical standards; they shall be residents of, or have their primary place of business in, the City of Philadelphia and registered to vote. The members of the Board shall elect a chair and such other officers as deemed necessary.
   (b)   Initial Appointments, Term of Service, and Successors. All appointments to the Board shall be made within ninety days after the Board is first created. The terms of the initial appointments to the Board shall be as follows: one member shall serve for a term of one year; one member shall serve for a term of two years; one member shall serve for a term of three years; one member shall serve for a term of four years; and, one member shall serve for a term of five years. Thereafter, all members shall serve for a term of five years. Members shall serve until their successors have been appointed and confirmed. If the Mayor has not submitted to the Council a nomination for appointment of a successor at least thirty days prior to the expiration of the term of the member whose term is expiring, the term of the member in office shall be extended for an additional year and the term of the successor shall be shortened by an equal amount of time. If the City Council fails to act within ninety days of receipt of a nomination for a successor from the Mayor, the nomination shall be deemed confirmed.
   (c)   Vacancies. Any vacancy occurring other than by expiration of a term shall be filled by nomination by the Mayor made to the City Council within thirty days of the creation of the vacancy for the unexpired portion of the term of the member succeeded. If the City Council fails to act within sixty days of receipt of such nomination from the Mayor, the nomination shall be deemed confirmed.
   (d)   Term Limits. No member of the Board shall serve for more than two consecutive five-year terms.
   (e)   Prohibited Activities. No person while serving as a member of the Board of Ethics shall: seek or hold a position as an elected or appointed public official or employee within the Commonwealth (other than as a member of an advisory body that has no authority to expend public funds other than reimbursement for personal expenses or to otherwise exercise the power of the State or any political subdivision thereof), or as an officer of a political party; or, make financial contributions to any candidate for any City office or to any incumbent City official. Members of the Board of Ethics shall be subject to all of the political activities restrictions set forth in Section 10-107 that apply to appointed City officers and employees.
   (f)   Removal for Cause. Members may only be removed for substantial neglect of duty, gross misconduct in office, inability to discharge the powers or duties of office, or violation of this section, or of ordinances or laws relating to ethical matters after written notice and opportunity for reply. The Mayor shall provide a written notice to the member stating the reasons for removal and file a copy of said notice at the same time with the President of City Council and the Chief Clerk of City Council. An opportunity for the member to reply will be provided at a public hearing of the City Council Committee of the Whole at which the Mayor, or the Managing Director if directed by the Mayor, will also present and explain the reasons for removal. A vote of two-thirds of all the members of Council at a meeting of Council shall be required before such member can be removed.
   (g)   Executive Director, Counsel and Staff. The Board, subject to the availability of appropriations, shall appoint and fix the compensation of an executive director and such other staff and consultants as may be required to exercise its powers and fulfill its obligations. The appointment of an executive director shall require a vote of three of the members of the Board. The Board shall also appoint, by a vote of three members, a counsel to serve at its pleasure subject to the availability of appropriations. The authority of the executive director, counsel and other staff shall be defined in writing by the Board. The Board shall use the services of the Law Department whenever it needs legal advice or is engaged in litigation, except that the Board need not use the services of the Law Department and may rely solely upon the Board's counsel and staff when the Board is investigating suspected ethical violations or is engaged in enforcement activities, and the Board shall not be bound by any opinion of the Law Department in interpreting ordinances relating to ethical matters.
   (h)   Post Service and Employment Restrictions. No member of the Board, its executive director or counsel shall seek any elective City office until two years after the expiration of a term of service or termination of employment.
   (i)   Meetings. The Board shall meet at least quarterly and at such other times as the chair may deem necessary. Three members of the Board shall constitute a quorum. The Board shall convene its first meeting within thirty (30) days after all initial appointments are made and confirmed.
   (j)   Compensation. Members of the Board shall receive compensation in such amount as ordained by Council.
   (k)   Annual Fiscal Report. Not later than three months after the end of each fiscal year, the Board shall submit to the Mayor, the President of City Council, the Chief Clerk of City Council and the Department of Records a detailed accounting of all of its expenditures during the previous fiscal year.

 

Notes

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   Added by approval of the voters at the election held on May 16, 2006, and certified on June 5, 2006. See Bill No. 040769 (approved December 15, 2005); Resolution No. 040817 (adopted December 1, 2005).