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(1) Unless there is public disclosure and disqualification as provided for in Section 20-608 hereof, no member of Council, or other City officer or employee shall be financially interested in any legislation including ordinances and resolutions, award, contract, lease, case, claim, decision, decree or judgment made by him in his official capacity, or by any board or body of which he is a member nor shall any financial interest be held by a parent, spouse, Life Partner, child, brother, sister or like relative-in-law, or by any person, firm, partnership, corporation, business association, trustee or straw party for his or her benefit, nor shall a member of Council or other City officer or employee be a purchaser at any sale or vendor at any purchase made by him in his official capacity. This latter prohibition shall apply so as to prevent a parent, spouse, child, brother, sister or like relative-in-law or any person, firm, partnership, corporation, business association, trustee or straw party from being such purchaser or vendor for or on behalf of the member of City Council, City officer or employee.
(2) In the event that a financial interest in any legislation (including ordinances and resolutions) award, contract, lease, case, claim, decision, decree or judgment, resides in a parent, spouse, Life Partner, child, brother, sister, or like relative-in-law of the member of City Council, other City officer or employee; or in a member of a partnership, firm, corporation or other business organization or professional association organized for profit of which said member of City Council, City officer or employee is a member and where said member of City Council, City officer or employee has knowledge of the existence of such financial interest he or she shall comply with the provisions of subsections 20-608(1)(a), (1)(b), and (1)(c) and shall thereafter disqualify himself or herself from any further official action regarding such legislation (including ordinances and resolutions) award, contract, lease, case, claim, decision, decree or judgment.
(3) No member of Council or other City officer or employee shall become financially interested, subsequent to final action, in any legislation including ordinances and resolutions, award, contract, lease, case, claim, decision, decree or judgment made by him in his official capacity, during his term of office or employment and until two (2) years have elapsed since the expiration of service or employment in the term of office of said member of Council or other City officer or employee.
This prohibition shall apply so as to prevent a parent, spouse, Life Partner, child, brother, sister or like relative- in-law or any person, firm, partnership, corporation, business association, trustee or straw party from becoming financially interested for or on behalf of a member of City Council, City officer or employee within said two (2) year period.
Notes
| 46 | Amended, Bill No. 110716 (approved December 21, 2011). |
(1) Any member of City Council having a financial interest, under subsections 20-607(1), (2), in any legislation including ordinances and resolutions, shall make public the nature and extent of such interest as set forth in subsection (1)(a) hereof. Other City officers and employees having a financial interest in legislation, including ordinances and resolutions, shall make public the nature and extent of their interest as set forth in subsection (1)(b) hereof. When any member of City Council or other officer or employee has a financial interest in an award, lease, case, claim, decree or judgment, such person shall make public the nature and extent of the interest as set forth in subsection (1)(c) hereof. Thereafter, such person shall disqualify himself or herself from any further official action regarding such legislation including ordinances and resolutions; award, contract, lease, case, claim, decree or judgment.
(a) In the case of a member of Council, it shall be done at the scheduled public hearing of such legislation including ordinances and resolutions; if such interest occurs after the public hearing and prior to five (5) days before such legislation is to be acted upon, it shall be made by registered or certified mail to the Chief Clerk of the Council and all members of the Council and be announced by the presiding officer of the Council at the time the legislation is called up for consideration; if such interest occurs less than five (5) days prior to the action by the Council on such legislation, the member shall announce his interest publicly on the floor of the Council in public session. This provision shall apply notwithstanding the fact that the member of Council did not participate or was absent upon or during the vote or consideration of such legislation.
(b) In the case of any other City officer or employee having such interest in legislation including ordinances and resolutions, he shall notify the Chief Clerk of the Council and every member of the Council, by registered or certified mail, at least five (5) days prior to the public hearing on the legislation and such notice shall be made part of the official records; in the event said interest occurs after the public hearing, the City officer or employee shall notify the Chief Clerk of the Council and every member of the Council by registered or certified mail, prior to the time of the Council meeting when action is to be taken upon said legislation.
(c) Where there is a financial interest, as set forth in subsection 20-607(1), by any member of Council or other City officer or employee in any award, contract, lease, case, claim, decree or judgment, other than legislation, the person having such interest, prior to any City action thereon, shall notify, by registered or certified mail, the Commissioner, Secretary and/or Executive Director of the pertinent agency, authority, board or commission, and the Board of Ethics and the Department of Records which shall maintain a public record of such notices; in the event of action within a department or by a department head, such notice by registered or certified mail shall be given, prior to any action taken, to the Mayor, the Managing Director, the Board of Ethics and the Department of Records which shall maintain a public record of such notices.
This Section shall not apply to routine applications or requests for routine information or other matters which are of a ministerial nature and do not require substantial discretion on the part of a City officer or employee.
No member of the Council or other elected official or City officer or employee, paid or unpaid, full-time or part-time, shall directly or indirectly disclose or make available confidential information concerning the property, government or affairs of the City without proper legal authorization, for the purpose of advancing the financial interest of himself or others.
(1) The following individuals shall file a statement of financial interests for the preceding calendar year with the Board of Ethics no later than the first day of May of each year that the individual holds office and of the year after the individual leaves such office. All such individuals who take office after the effective filing date or less than thirty (30) days before the effective filing date must file a statement of financial interest for the preceding calendar year within thirty (30) days of taking office.
(a) Individuals who hold City elective office;
(b) The Finance Director, Managing Director, City Solicitor, the Mayor's Chief of Staff, and all deputy mayors;
(c) Heads of executive branch agencies;
(d) Members of the Mayor's cabinet not otherwise listed;
(e) Members and executive directors of boards and commissions that exercise significant powers of government, as determined by the Board of Ethics by regulation;
(f) Any other executive branch employee whose position is designated by the Mayor in writing to the Board of Ethics.
(2) The statement of financial interests filed pursuant to this Section shall be signed under penalty of perjury and include the following information for the prior calendar year with regard to the filer:
(a) The name and City position of the filer.
(b) The occupation or profession of the filer.
(c) Any real estate directly or indirectly owned in whole or in part by the filer that was sold or leased to, purchased or leased from, or subject to any condemnation proceeding by the City of Philadelphia or any other government entity or any City-related non-profit or agency.
(d) The name and address of each creditor to whom is owed in excess of five thousand dollars ($5,000) and the interest rate thereon. However, loans or credit extended between members of the immediate family and mortgages securing real property which is the principal residence of the individual filing shall not be included.
(e) The name of any person who is the direct or indirect source of income totaling in the aggregate five hundred dollars ($500) or more. Any filer whose salary is paid out of the City Treasury, not including members of boards and commission who receive compensation on a per-meeting basis, shall additionally report the amount of income received from any direct or indirect source of income totaling more than five thousand dollars ($5,000). Election not to receive a salary that is fixed by Charter or ordinance shall not relieve a filer from their obligations pursuant to this subsection. However, this subsection shall not be construed to require the divulgence of confidential information protected by statute or existing professional codes of ethics.
(f) The name of any person from whom a gift or gifts valued in the aggregate at two hundred dollars ($200) or more were received, and the value and the circumstances of each gift. A filer need not disclose any tickets received from the City. A filer who is an elected official must disclose tickets for public events received from a third party if the filer sells the tickets, attends the event themselves, or gives the tickets to a family member or a member of their campaign staff, but need not disclose such tickets when distributed to constituents or others for free. Records of receipt and distribution of tickets not subject to disclosure must be maintained.
(g) The source and amount of any honorarium received which is in excess of one hundred dollars ($100).
(h) The name of any business or not-for-profit entity in which the filer holds any office, directorship or employment of any nature whatsoever.
(i) The legal name of any business entity engaged in business for profit in which the filer holds a financial interest of more than five percent (5%).
(3) All statements of financial interest filed pursuant to the provisions of this Section shall be made available online and for public inspections and copying during regular office hours.
(4) For purposes of this Section, the following definitions shall apply:
(a) Filer means an individual required to file a statement of financial interests pursuant to subsection 20-610(1).
Notes
| 47 | Added, 1982 Ordinances, p. 1748; amended, 1983 Ordinances, p. 1460; amended, 1984 Ordinances, p. 710; amended, Bill No. 210080
(approved March 10, 2021). Section 2 of Bill No. 210080
provides: "Effective date. This Ordinance shall take effect immediately, except subsections 2(e) and (g), which shall take effect on January 1, 2022." |
It shall be the duty of each head of a department, agency, authority, board, and commission to furnish a copy of this ordinance to each and every employee under his or her direction.
Notes
| 48 | Renumbered, 1982 Ordinances, p. 1748. |
(2) City Council shall have the right to repeal legislation enacted in violation of this Chapter. The Mayor, with the concurrence of a majority of all the members of City Council, may void any award, contract, lease, case, claim, decision, decree or judgment made in violation of this Chapter, provided that no such legislative act including ordinances and resolutions, award, contract, lease, case, claim, decision, decree of judgment may be avoided because of the interest of an officer or employee unless such contract is made in the official capacity of such officer or employee or by a board or body of which he is an officer, member or employee.
Notes
| 49 | Amended and renumbered, 1982 Ordinances, p. 1748; amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081; amended, Bill No. 100125 (approved June 16, 2010). |
| 50 | Amended, Bill No. 051024 (approved December 15, 2005). Section 3 of Bill No. 051024 provides: "Effective Date. This Ordinance shall take effect upon the certification of the approval by the electors of the amendment to the Philadelphia Home Rule Charter providing for the creation and appointment of a Board of Ethics." Such an amendment was approved and became effective June 5, 2006. |
(1) The following provisions of the Code are incorporated by reference as part of this Chapter and shall be subject to the jurisdiction of the Board of Ethics under Section 20-606 (including, but not limited to, with respect to subsection (b), below, the Board's powers and duties relating to education, training, issuance of advisory opinions, receipt of complaints, investigations, referral, and adjudication), and violations of these provisions shall be subject to the penalties set forth in Chapter 20-1300: 52
(a) The provisions of subsection 17-1407(2) prohibiting certain persons from making material misrepresentations or omissions in disclosures required by Chapter 17-1400 (relating to Non-Competitively Bid Contracts), as provided in subsection 17-1407(3). 53
(b) The provision of subsection 20-1006(4) prohibiting the failure to file information as required by Section 20-1006 or the making of material misstatements or omissions in any filing required by that Section in Chapter 20-1000 (relating to Campaign Contributions and Expenditures).
Notes
| 51 | |
| 52 | |
| 53 | Amended, Bill No. 190786-AA (approved December 18, 2019), effective January 1, 2020. |
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