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Bill No. 07070500.pdf
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City of Philadelphia
City of Philadelphia - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107
BILL NO. 070705
Introduced September 20, 2007
Councilmembers Rizzo, Goode, Greenlee, Savage, O'Neill, Kelly and
Krajewski
Referred to the
Committee on Law and Government
AN ORDINANCE
Amending Chapter 20-600 of The Philadelphia Code, entitled "Standards of Conduct and
Ethics," by adding anti-nepotism provisions prohibiting City officers and employees,
including all elected City Officers, from taking or recommending certain personnel
actions affecting family members, under certain terms and conditions.
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Chapter 20-600 of The Philadelphia Code is hereby amended to
read as follows:
CHAPTER 20-600. STANDARDS OF CONDUCT AND ETHICS.
§20-601. Definitions.
* * *
(14) Personnel action. Any appointment, employment, promotion, disciplinary
action, transfer, reappointment, reinstatement, reassignment, performance evaluation, or
any decision concerning pay or benefits, relative to a paid position in a City Agency.
(15) City Agency. A City office, department, board, commission, or other entity
that is part of the City government.
(16) Life Partner. A member of a Life Partnership that is verified pursuant to
Section 9-1106(2) of this Code.
City of Philadelphia
BILL NO. 070705 continued
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(17) Personnel action. With respect to any City officer or employee not under
civil service: any referral, appointment, employment, promotion, disciplinary action,
transfer, reappointment, reinstatement, reassignment, performance evaluation, or any
decision concerning pay or benefits.
(18) Quasi-Public Agency. Any board or commission to which the Mayor or the
Council is entitled to an appointment; and, any authority or quasi-public corporation that
either:
(a) Receives appropriations from the City; or
(b) Has entered into a continuing contractual relationship with the City;
or
(c) Operates under legal authority granted to it by City ordinance.
(19) Relative. A spouse, parent, child, sibling, aunt, uncle, nephew, niece, first-
cousin, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-
law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half-
sister, or a life partner or the parent, child or sibling of a life partner.
(20) Elected City officer. Any officer in a position for which the compensation is
provided in Section 20-305 of this Code.
* * *
§20-607. Conflict of Interest.
* * *
(d) Anti-nepotism provisions.
(i) No City officer or employee shall take any personnel action
concerning a relative.
(ii) No City officer or employee shall recommend that any personnel
action concerning a parent, spouse, child, brother, sister or like relative-in-law be taken
by any person who serves in a City Agency or a Quasi-Public Agency if the City officer
or employee serves in or exercises jurisdiction or control over such City Agency or
Quasi-Public Agency.
City of Philadelphia
BILL NO. 070705 continued
City of Philadelphia - 3 -
(iii) No elected City officer shall recommend that any personnel action
concerning a parent, spouse, child, brother, sister or like relative-in-law be taken by any
person who serves in a City Agency or a Quasi-Public Agency, regardless of the
authority of such officer with respect to such City Agency or Quasi-Public Agency.
(iv) Before any person may be appointed to a non-civil service position
with the City, such person shall file with the head of the hiring City Agency a written
disclosure listing the names of all of such person's relatives who serve in that City
Agency or who exercise jurisdiction or control over such City Agency or are an elected
City officer. At the same time such disclosure is filed, such person shall send a copy to:
(i) the Department of Records, which shall keep such copies available for public
inspection, and (ii) each relative listed in such disclosure. Upon receipt of a disclosure
required under this subsection, the head of a City Agency shall also send a copy to each
relative listed in such disclosure.
* * *
§20-608. Public Disclosure and Disqualification.
(1) Any member of City Council having a financial interest, under Section 20-607(a),
(b), in any legislation including ordinances and resolutions, shall make public the nature
and extent of such interest as set forth in paragraph (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 paragraph (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, or if a member of Council or
other City officer or employee is asked to take or recommend personnel action
concerning a relative that would be prohibited under §20-607(d), such person shall make
public the nature and extent of the interest as set forth in paragraph (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, or personnel action.
* * *
(c) Where there is a financial interest, as set forth in Section 20-607(a), by
any member of Council or other City officer or employee in any award, contract, lease,
case, claim, decree or judgment, other than legislation, or whenever a member of Council
or other City officer or employee is asked to take or recommend personnel action
concerning a relative, 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
City of Philadelphia
BILL NO. 070705 continued
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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.
* * *
______________________
Explanation:
[Brackets] indicate matter deleted.
Italics indicate new matter added.