The Committee of Seventy Calls for Code of Conduct

The Committee of Seventy Calls for Code of Conduct

Jan. 3, 2006 - The Committee of Seventy today called on Philadelphia City Council to hold public hearings and establish a clear code of conduct for Council staff members following a news report that members of the staff of Councilman Rick Mariano reported directly to powerful labor leader and mayoral aspirant John Dougherty.

The independent civic watchdog organization also asked District Attorney Lynne Abraham and City Controller Alan Butkovitz to investigate whether Mariano’s termination of three of his staff members was consistent with City policy. If filed, lawsuits by the three former employees could potentially result in big costs for the city.

“If The Philadelphia Inquirer’s account of this matter is accurate – and it certainly appears to be well documented – then Mariano and Dougherty set a whole new standard for coziness and inappropriate insider behavior,” said Zachary Stalberg, President and CEO of the Committee of Seventy.

“There is a principle here that goes far beyond these two men, however,” Stalberg added. “City Council employees, like all city government employees, are ultimately responsible to the taxpayers. In this case, it certainly appears that members of Mariano’s staff may have been taking orders from an unelected individual who has distinct City business and political interests.

“We would all be outraged if a Council member became controlled by a local company that went so far as to install its own staff in his or her office. The public elects officials and expects them to be independent – not captive to a business or a union or anybody else.” Stalberg said.

On October 25, 2005, Mariano was indicted on federal charges that he accepted $30,000 in bribes to help businessmen in deals that cost the taxpayers about $700,000. His trial is expected to take place in March. If convicted, he could face at least 10 years in prison.

Stalberg urged the full Council to sit together as the Council Ethics Committee in order to investigate allegations relating to the operations of Mariano’s office, and to assess Council’s internal policies for safeguarding staff members from outside pressure.

“It is admirable that City Council passed several important pieces of ethics and campaign finance legislation during this term.” Stalberg said. “It is now time for Council to take a hard look at its own practices, especially how to insulate Council members and their staff from special interests.”

Based on FBI documents, the Inquirer reported that Mariano’s chief of staff, Walter DeTreaux, reported to Dougherty – the head of Local 98 of the International Brotherhood of Electrical Workers – with the understanding that DeTreaux would not be “answerable” to Mariano. Another Mariano aide, John Lisko, reportedly told FBI agents, “Whatever we know…is passed to Dougherty.”

Mariano, who still participates in Council meetings, chairs City Council’s committee overseeing the Department of Licenses and Inspections. Matters coming before his committee are of particular interest to the electricians union and the other building trades unions.

In addition to running the politically influential Local 98, Dougherty is chairman of the Philadelphia Redevelopment Authority. Although not a declared candidate for mayor, Dougherty has made it very clear that he is interested in the office and appears to be laying the foundation for a 2007 campaign.

The salaries of both DeTreaux, who earned $72,000 a year, and Lisko were paid by city taxpayers.

Mariano fired DeTreaux and Lisko on October 21, 2005, four days before his own federal indictment. A $36,500-a-year staffer, Anna Davila, was laid off in mid-December. All three reportedly testified about Mariano before a federal grand jury.

Although the U.S. Attorney’s office declined to comment for the Inquirer story, Dougherty’s relationship to Mariano apparently captured the attention of federal investigators as a result of their probe into possible witness intimidation against Mariano’s staffers.

In addition to letters to Council President Anna Verna, District Attorney Abraham and City Controller Butkovitz, the Committee of Seventy also urged U.S. Attorney Patrick Meehan to fully press his investigation of Dougherty’s involvement in the affairs of Mariano’s office.

Although there are now reports of some distance between the two men, Dougherty has been Mariano’s longtime political patron. While it is common in Philadelphia for a patron to recommend a potential staffer to a Council person, other Council members say the level of control described in the Inquirer story was unprecedented.

Dougherty denies he had control over Mariano’s staff. According to the newspaper story, DeTreaux says his comments – which were carried by the Inquirer -- were incorrectly reported by the FBI.

The Council president allocates a salary budget to each Council member, but no individual or entity scrutinizes the conduct of a staff member or the activities of a Council office – other than the Council person who runs the office. For instance, there is no established performance evaluation system for Council staffers.

Stalberg predicted that Council is not going to be eager to set new standards for itself, or punish Mariano prior to a court ruling. He also noted that the District Attorney has historically left politically risky matters such as this to the U.S. Attorney’s office.

The matter could also be investigated by the mayor’s appointed Board of Ethics, however it has not shown a desire to act aggressively in the past. A much stronger, independent Board of Ethics, which will come up for voter approval in the May 2006 election, could presumably create rules governing the conduct of members of Council and their employees. The Committee of Seventy is campaigning in support of the independent Board of Ethics.

“The Inquirer gave Philadelphians a revealing glimpse behind the scenes in City Hall, although I personally wish the story had not appeared on Christmas Day when it was likely to be overlooked,” Stalberg said. “The newspaper’s findings do not deserve to be discarded like old wrapping paper and dead trees.”

*

The Committee of Seventy is a 102-year-old, non-partisan, non-profit organization that promotes honest local government in the Philadelphia region, clean elections and civic education