§ 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).

§ 10-106. Impersonation of City Officers and Employees.

   No person shall falsely personate by uniform, insignia or otherwise any officer or employee of the City.

ANNOTATION

   Sources:   See the Act of June 25, 1919, P.L. 581, Article V, Section 5.

   Purposes:   Provisions of the Charter of 1919 are broadened to include all officers and employees of the City, an extension necessary for protecting the City and members of the public.

§ 10-107. Political Activities.

   (1)   No person shall seek or attempt to use any political endorsement in connection with any appointment to a position in the civil service.

   (2)   No person shall, for the purpose of influencing the vote or political action of any person, or for any consideration, use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position in the civil service, or an increase in pay or other advantage in employment in any such position.

   (3)   No officer or employee of the City and no officer or employee of any governmental agency whose compensation is paid from the City Treasury shall, from any person, and no officer or member of a committee of any political party or club shall, from any civil service employee, directly or indirectly demand, solicit, collect or receive, or be in any manner concerned in demanding, soliciting, collecting or receiving, any assessment, subscription or contribution, whether voluntary or involuntary, intended for any political purpose whatever. No officer or member of the Philadelphia Police or of the Fire Department shall pay or give any money or valuable thing or make any subscription or contribution, whether voluntary or involuntary, for any political purpose whatever. 303

   (4)   No appointed officer or employee of the City, except for an employee of the Council, shall be a committee person, ward leader, delegate, or other officer of a political party, or an officer of a partisan political group, or take any part in the management or affairs of any political party, partisan political group or political campaign, with the following generally applicable exception. 304

      (a)   Such appointed officers and employees may participate in non-managerial volunteer activity in support of a candidate for any office, but not including for a state or local office for which Philadelphia electors cast ballots other than in a campaign for an office elected on a state-wide basis.

      (b)   The exception for participation in non-managerial volunteer activity in support of a candidate set forth in subsection (a) shall not apply to an employee of the Offices of the Sheriff, City Commissioners or District Attorney, or any officer or member of the Police Department, or any member or employee of the Board of Ethics.

      (c)   No appointed officer or employee of the City shall use a City title while engaged in any political activity.

      (d)   No officer or employee of the City shall engage in any political activity while on duty or utilize City resources for or while engaging in political activity.

      (e)   Nothing in this section prohibits an appointed officer or employee from expressing a political or other opinion as a private citizen or from exercising the right to vote.

   (5)   No officer or employee of the City, except elected officers running for re-election, shall be a candidate for nomination or election to any public office unless the officer or employee shall have first resigned from the officer's or employee's then office or employment. 305

   (6)   Any officer or employee of the City who violates any of the foregoing provisions of this section shall, in addition to any penalties provided for hereafter, be subject to a sanction of ineligibility for any office or position under the City for up to one year. 306

ANNOTATION

   Sources:   A Model State Civil Service Law, Section 19; Act of June 25, 1919, P.L. 581, Article XIX, Section 23.

   Purposes:   1.   Merit principles of governmental employment require the divorcement of politics from such employment. They presuppose employment upon merit and not because of political connections, powers and pressures. They also presuppose that governmental employment will not serve as a means for political tribute to maintain political parties and regimes. The prohibitions of this section are intended to sustain these basic principles and precepts subject to certain qualifications which political necessities require to be made at certain levels of employment and office-holding. Absolutism in this area is neither necessary nor practicable for the fact is that political parties are essential parts of the democratic form of government in the United States. This section attempts to balance the public interest involved.

      2.   All City officers, elected or appointed, and all City employees, civil service or non-civil service, and all officers and all employees of governmental agencies compensated with City funds, such as County officers and employees, are prohibited from demanding, soliciting, collecting or receiving from any person assessments, subscriptions or contributions for political purposes.

      3.   Members of a political party or clubs are prohibited from demanding, soliciting, collecting or receiving from any civil service employee such assessments, subscriptions or contributions. This prohibition does not apply to elected and appointed officers and non-civil service employees because political realism and democratic traditions require that a line be drawn here.

      4.   Voluntary contributions for political purposes are permitted to be made by civil service employees except that, because of the nature of their duties, policemen and firemen may not under any circumstances make any contributions for political purposes.

      5.   Officers and employees, except officers running for re-election, must resign before becoming candidates for nomination or election to public office. This requirement is imposed because an officer or employee who is a candidate for elective office is in a position to influence unduly and to intimidate employees under his supervision and because he may neglect his official duties in the interest of his candidacy.

      6.   The prohibitions of this section are phrased so that they may not be evaded by any indirect means whatsoever. Thus it is unlawful for a member of a political party to solicit advertisements from a civil service employee for a program or magazine the profits of which will inure to the benefit of a political party. It is likewise unlawful to sell tickets to a civil service employee for a dance or show benefiting a political party.

      7.   Any person violating this section is subject to penalties of imprisonment, fine and, if he is an officer or employee, to removal from office or dismissal (Section 10-109) and ineligibility for a period of one year to holding office or any position under the City.

 

Notes

303	The City was permanently enjoined from enforcing the last sentence of this subsection as to uniformed members of the Fire Department, by a decision of the federal court on October 6, 2003. Philadelphia Fire Fighters' Union Local 22, AFL-CIO v. City, 286 F. Supp. 2d 476 (E.D. Pa. 2003).
304	Amended by approval of the voters at the election held on June 2, 2020, and certified on June 22, 2020. See Bill No. 200015 (approved February 26, 2020); Resolution No. 200056 (adopted February 13, 2020).
305	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).
306	Amended by approval of the voters at the election held on June 2, 2020, and certified on June 22, 2020. See Bill No. 200015 (approved February 26, 2020); Resolution No. 200056 (adopted February 13, 2020).

§ 10-108. Unlawful Acts Pertaining to the Civil Service.

   (1)   No person shall make any false statement, certificate, mark, rating or report with regard to any test, certification or appointment made under the civil service regulations or in any manner commit or attempt to commit any fraud preventing the impartial execution of such regulations.

   (2)   No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other valuable consideration for or on account of any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, a position in the civil service.

   (3)   No employee in the office of the Personnel Director, and no examiner, or other person shall defeat, deceive or obstruct any person in the person's right to examination, eligibility, certification or appointment under the civil service regulations or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the civil service. 307

   (4)   Any person who violates any of the provisions of this section shall upon conviction, in addition to any penalties and punishment provided for hereafter, for a period of five years be ineligible for appointment to or employment in any position under the City.

ANNOTATION

   Sources:   A Model State Civil Service Law, Section 20.

   Purposes:   Civil service procedures are protected from fraudulent and dishonest practices by subjecting those who participate in such practices to penalties of fines and imprisonment (Section 10-109) and ineligibility for a period of five years for appointment to or employment in any City position.

 

Notes

307	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).