§ 10-100. Councilmembers Not to Engage in Certain Activities; Penalties. 299

   As provided by statute, no councilmember shall solicit, benefit by, or be interested directly or indirectly in any contract for the purchase of property of any kind to be paid for from the City Treasury, nor shall such councilmember be interested directly or indirectly in any contract for the erection of any structure, or for the supplying of any services to be paid for out of the City Treasury, nor shall such councilmember solicit or recommend the appointment of any person to any position in the civil service, nor shall such councilmember interfere with the performance of the duties of the members of the Philadelphia Police, or of any other employees in any department, board or commission of the City.

ANNOTATION

   Sources:   Act of June 24, 1939, P.L. 872, Section 682; Act of June 25, 1919, P.L. 581, Article XX, Section 3; A Model State Civil Service Law, Section 19.

   Purposes:   1.   Ethical standards of conduct preclude one who is a City officer from soliciting in a private capacity or personally profiting or being interested, directly or indirectly, in contracts with the City whose officer he is. See Act of June 24, 1939, P.L. 872, Section 682.

      2.   An effective civil service regime and principles of employment on merit preclude a legislator from soliciting or recommending the appointment of any person to a civil service position. Councilmen appropriate funds to City agencies and are in a position to affect in that manner and in other ways administrative operations. Officers of such agencies must remain completely free from pressures of legislators, direct or indirect, in staffing their offices with civil service personnel. If a Councilman were permitted to solicit or recommend an appointment, an administrative officer might assume such pressure and might be influenced by it as a matter of protecting the interest of his agency and position, regardless of the motives, integrity and intentions of the Councilman.

      3.   For comparable reasons, Councilmen are emphatically prohibited from interfering with the performance of the duties of any employees in the executive and administrative branch of the City government. An employee should perform his duties as required by law and by his superiors and not because of a fear of legislative retaliation, whether or not such fear is in fact warranted.

      4.   For penalties for violating this section, see Section 10-109.

 

Notes

299	Caption and section amended by approval of the voters at the election held on May 21, 2019, and certified on June 10, 2019. See Bill No. 180820 (approved February 27, 2019); Resolution No. 180834 (adopted February 14, 2019).

§ 10-101. Officers and Employees Not to be Brokers or Agents for Procuring Bonds.

   No officer or employee whose compensation is paid out of the City Treasury shall directly or indirectly be the broker or agent who procures or receives any compensation in connection with the procurement of bonds for City officers or employees.

ANNOTATION

   Sources:   No specific source.

   Purposes:   1.   Any officer or employee who is paid from the City Treasury (e.g. City and County officers and employees and Councilmen) may not, directly or indirectly, be a broker or agent profiting from the bonding of City officers or employees. See Annotation to Section 10-100. Past experience indicates the desirability of this prohibition.

      2.   For penalties for violating this section, see Section 10-109.

§ 10-102. City Officers and Employees Not to Engage in Certain Activities.

   As provided by statute, the Mayor, the Managing Director, the Director of Finance, the Personnel Director, any department head, any City employee, and any other governmental officer or employee whose salary is paid out of the City Treasury shall not benefit from and shall not be interested directly or indirectly in any contract for the purchase of property of any kind nor shall they be interested directly or indirectly in any contract for the erection of any structure or the supplying of any services to be paid for out of the City Treasury; nor shall they solicit any contract in which they may have any such direct or indirect interest.

ANNOTATION

   Sources:   See Section 10-100.

   Purposes:   See Annotation to Section 10-100.

§ 10-103. Members of Political Committees Not to Interfere with Police and Certain Other Officers and Employees. 300

   No member of a political committee shall interfere with or attempt to interfere with the Police Commissioner or any officer or member of the Philadelphia Police, the Fire Commissioner and any officer or employee of the Fire Department, or the Commissioner of Licenses and Inspections or any officer or employee of the Department of Licenses and Inspections in the proper performance of the officer's or employee's duties.

ANNOTATION

   Sources:   No specific source.

   Purposes:   1.   Requests from persons politically influential to the end that law violators shall not be apprehended and prosecuted, are not to be permitted to be bought to bear upon law enforcement agencies and the Fire Department (concerned with the enforcement of fire prevention laws). See Annotation to Section 10-100.

      2.   For penalties for violating this section, see Section 10-109.

 

Notes

300	Amended by approval of the voters at the election held on May 17, 2022, and certified on June 6, 2022. See Bill No. 220001 (approved February 25, 2022); Resolution No. 220009 (adopted February 24, 2022).

§ 10-104. Fees. 301

   No officer or employee of the City shall collect any fees or perquisites for the officer's or employee's own use, but all such fees or perquisites, collectible under law, shall be paid into the City Treasury.

ANNOTATION

   Sources:   Act of June 25, 1919, P.L. 581, Article IV, Section 7.

   Purposes:   1.   The section continues existing law.

      2.   For penalties for violating this section, see Section 10-109.

 

Notes

301	Amended by approval of the voters at the election held on May 17, 2022, and certified on June 6, 2022. See Bill No. 220001 (approved February 25, 2022); Resolution No. 220009 (adopted February 24, 2022).

§ 10-105. Gratuities. 302

   No officer or employee of the City and no officer or employee whose salary or other compensation is paid out of the City Treasury shall solicit or accept any compensation or gratuity in the form of money or otherwise for any act or omission in the course of the officer's or employee's public work. Provided, however, that the head of any department, board or commission of the City or other agency receiving appropriations from the City Treasury may permit an employee to receive a reward publicly offered and paid, for the accomplishment of a particular task.

ANNOTATION

   Sources:   No specific source.

   Purposes:   1.   Public officers and employees are compensated with public funds to perform the task for which they were elected, appointed or employed. Their holding office or employment presupposes their faithful discharge of all their duties without more. An exception is recognized and permitted in instances of a special reward authorized by the head of an agency for special accomplishments, such as the apprehension of a criminal, acts of particular courage and bravery, the devising of new methods or inventions to effect economies in the expenditure of City funds, and the like. Otherwise, however, no public official or employee should do that which he ought to do or not do that which he is not supposed to do because of the inducement of receiving directly or indirectly any benefit in addition to that which is the lawful incident of his position. The solicitation or acceptance of any such benefit by any City officer or employee of the executive or legislative branch or by any County or other governmental employee whose compensation is paid from the City Treasury is prohibited.

      2.   For penalties for violating this section, see Section 10-109.

 

Notes

302	Amended by approval of the voters at the election held on May 17, 2022, and certified on June 6, 2022. See Bill No. 220001 (approved February 25, 2022); Resolution No. 220009 (adopted February 24, 2022).