city of philadelphia board of ethics...nov 29, 2018 · 20-1202(1) and is subject to a civil...

CITY OF PHILADELPHIA

BOARD OF ETHICS

Contact: J. Shane Creamer, Jr., Executive Director, 215-686-9450

For Immediate Release: November 29, 2018

PHILADELPHIA – On November 28, 2018, the Board of Ethics approved the following four

settlement agreements, copies of which are attached hereto:

- Greater Philadelphia Association of Realtors & Samar Jha, resolving violations of the

Philadelphia Lobbying Law for (1) the failure by GPAR to register as a principal, (2) the

failure by Mr. Jha to register as a lobbyist, and (3) the failure by GPAR to timely file an

expense report. GPAR has agreed to pay $3,500 in civil monetary penalties on behalf of itself

and Mr. Jha. Copies of the expense report and registrations are attached to the agreement.

- Paris Washington, Sr., resolving a violation of Philadelphia Home Rule Charter Section 10-

102 as a result of entering into a contract to supply notary services to the Sheriff’s Office. Mr.

Washington has agreed to pay a $300 civil monetary penalty as well as reimburse the City

$1,500 for payments he received from the Sheriff’s Office for his services.

- Patrick Jones, resolving violations of the political fundraising restrictions of Philadelphia

Home Rule Charter Section 10-107(3) for (1) being involved in the fundraising activities of a

political committee and, (2) creating fundraising fliers for City, congressional, and judicial

candidates. Mr. Jones has agreed to pay $600 in civil monetary penalties.

- Verna Brown-Tyner, resolving three violations of Philadelphia Code Section 20-602 arising

from Ms. Brown-Tyner’s representation of a non-profit in transactions involving the City. Ms.

Brown-Tyner has agreed to pay $3,000 in civil monetary penalties.

The Philadelphia Board of Ethics is charged with interpreting, administering, enforcing and

providing advice and training on Philadelphia's Public Integrity Laws. The Board was established

as an independent, five-member City board in June 2006 through voter approval of an amendment

to the Philadelphia Home Rule Charter. The Board has jurisdiction over City laws pertaining to

conflicts of interest, representation and post-employment restrictions, gifts and gratuities, financial

disclosure, interests in certain City contracts, prohibited political activities, campaign finance and

lobbying. The Board has authority to issue regulations and advisory opinions, provide informal

guidance and trainings, engage in administrative and judicial enforcement actions and impose

civil penalties.

###

GREATER PHILADELPHIA

ASSOCIATION OF

REALTORS & SAMAR JHA

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SETTLEMENT AGREEMENT

This Settlement Agreement is made and entered into by the Board of Ethics of the

City of Philadelphia, the Greater Philadelphia Association of Realtors, Samar Jha, and J.

Shane Creamer, Jr., the Executive Director of the Board of Ethics, jointly referred to as

“the Parties.”

RECITALS

A. The Board of Ethics of the City of Philadelphia is an independent, five-member City board established in 2006 through voter approval of an amendment to the

Philadelphia Home Rule Charter. Pursuant to Section 4-1100 of the Home Rule

Charter and Chapter 20-1200 of the Philadelphia Code, the Board is charged with

administering and enforcing Philadelphia’s Lobbying Law.

B. The Greater Philadelphia Association of Realtors (“GPAR”) is a non-profit organization registered with the Commonwealth of Pennsylvania. The purpose of

GPAR is to advocate for and represent the interests of licensed real estate professionals

and related service providers in the Philadelphia area.

C. Philadelphia’s Lobbying Law is found at Chapter 20-1200 of the Philadelphia Code and Board Regulation No. 9, which provides a detailed interpretation of Chapter 20-

1200.

D. Under the City’s Lobbying Law, a principal is a person who engages in lobbying on its own behalf or who pays someone else (a lobbyist) to engage in lobbying. Lobbying is

an effort to influence governmental administrative or legislative action through direct

communication, indirect communication, or by providing gifts, transportation,

hospitality, or lodging to City officers or employees. If a principal incurs expenditures

of more than $2,500 for lobbying expenses in a quarter, the principal must register

with the Board. An individual who lobbies on behalf of a principal must register as a

lobbyist if, in a quarter, he or she is paid more than $2,500 to lobby for that principal,

but a lobbyist who is an employee of the principal, is only required to register if he or

she engaged in 20 or more hours of lobbying activity in the reporting period

E. Under the City’s Lobbying Law, indirect communication is:

An effort to encourage others, including the general public, to take action, the

purpose or foreseeable effect of which is to directly influence legislative or

administrative action, such as letter-writing campaigns, mailings, telephone

banks, print and electronic media advertising, billboards, publications and

educational campaigns on public issues, but not including regularly published

periodic newsletters primarily designed for and distributed to members of a

bona fide association or charitable or fraternal nonprofit corporation.

Board Regulation No. 9, Paragraph 9.1(p).

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F. A principal must file an expense report for each quarter in which the principal incurs lobbying expenditures of more than $2,500. In an expense report, the principal must

disclose its expenditures incurred that quarter for direct communications, indirect

communications, and gifts, transportation, hospitality and lodging to City officers and

employees as well as detailed information about the nature of those expenditures.

G. Pursuant to Code Section 20-1207(1)(b) and Regulation No. 9, Paragraph 9.26, the failure to register as a principal or lobbyist or to file an expense report is subject to a

civil penalty not exceeding $250 for each late day up to a maximum of $2,000 for any

one registration or report.

H. In the summer of 2018, Board Enforcement Staff became aware of potential violations of the City’s Lobbying Law by GPAR and opened an investigation.

I. From April through June of 2018, the second quarter of 2018, GPAR spent over $61,000 to organize telephone calls and to distribute mailers, advertisements, and

emails throughout the City of Philadelphia. These communications encouraged the

public to urge City Council members to oppose proposed property and real estate

transfer tax increases for properties located in the City of Philadelphia. As such, under

Philadelphia’s Lobbying Law, these activities were indirect communications.

J. During the second quarter of 2018, GPAR paid its Director of Government & Public Affairs, Samar Jha, over $2,500 to arrange the communications described in Paragraph

I, as well as to engage in direct communications with City Council members and their

staffers concerning proposed legislation regarding real estate transfer tax increases and

several other items of proposed City legislation, including good cause eviction, real

estate tax liens, and a construction tax. During the quarter, Mr. Jha spent 20 or more

hours engaging in these lobbying activities.

K. Because GPAR incurred expenditures of more than $2,500 in the 2nd quarter of 2018 for the activities described in Paragraphs I and J, it should have registered as a principal

with the Board within 10 days of spending more than $2,500 and filed a 2018 2nd

quarter expense report by July 31, 2018. GPAR did not register as a principal or file a

2nd

quarter expense report within these deadlines.

L. Because GPAR paid Mr. Jha more than $2,500 for lobbying activity on which he spent 20 or more hours in the 2nd quarter of 2018, he should have registered as a lobbyist

with the Board within 10 days of exceeding the relevant thresholds. Mr. Jha did not

register as a lobbyist within this deadline.

M. At all times, GPAR and Mr. Jha fully cooperated with the Board’s investigation and have registered for 2018 as a principal and a lobbyist, respectively. As part of their

registrations, GPAR and Mr. Jha paid registration fees of $200 each. GPAR has also

filed a 2018 second quarter expense report with the Board. Copies of the registrations

and the expense report are attached hereto as Exhibit A.

N. The Parties desire to enter into this Agreement in order to resolve the issues described herein.

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AGREEMENT

The Parties agree that:

1. By failing to timely register as a principal in 2018, GPAR violated Code Section 20-1202(1) and is subject to a civil monetary penalty of $2,000. In light of

GPAR’s cooperation, however, the penalty is reduced to $1,000.

2. By failing to timely file an expense report with the Board for the 2nd quarter of 2018, GPAR violated Code Section 20-1203(1) and is subject to a civil monetary penalty of

$2,000. In light of GPAR’s cooperation, however, the penalty is reduced to $1,500.

3. By failing to timely register as a lobbyist in 2018, Mr. Jha violated Code Section 20-1202(1) and is subject to a civil monetary penalty of $2,000. In light of Mr. Jha’s

cooperation, however, the penalty is reduced to $1,000.

4. GPAR shall pay the aggregate civil monetary penalties of $3,500 within 14 days of the effective date of this Agreement. Payment shall be made by check or money

order made payable to the City of Philadelphia and delivered to the offices of the

Board.

5. GPAR and Mr. Jha release and hold harmless the Board and its staff from any potential claims, liabilities, and causes of action arising from the Board’s

investigation, enforcement, and settlement of the matters described in this Agreement.

6. In consideration of the above and in exchange for the compliance of GPAR and Mr. Jha with all of the terms of the Agreement, the Board waives any further

penalties or fines against them for the violations described in this Agreement.

7. The Parties will not make any public statements that are inconsistent with the terms of this Agreement.

8. If the Board or the City is forced to seek judicial enforcement of this Agreement, and prevails, GPAR and Mr. Jha shall be liable for attorneys’ fees and costs reasonably

expended in enforcing compliance with the Agreement. Fees for time spent by Board

or City attorneys shall be calculated based upon standard and customary billing

rates in Philadelphia for attorneys with similar experience.

9. This Agreement contains the entire agreement between the Parties. The Agreement shall become effective upon approval by the Board. The effective date of the

Agreement shall be the date the Board approves the Agreement.

10. The Executive Director will submit a signed copy of this Agreement to the Board for approval.

11. If the Board rejects the proposed Agreement, presentation to and consideration of the Agreement by the Board shall not preclude the Board or its staff from participating in,

considering, or resolving an administrative adjudication of the matters described in

the Agreement. If the Board rejects the proposed Agreement, nothing in the proposed

Agreement shall be considered an admission by either party and, except for this

paragraph, nothing in the Agreement shall be effective.

EXHIBIT A

GPAR EXPENSE REPORT

IDENTIFICATION OF LOBBYIST(S)/LOBBYING FIRM(S) LOBBYING ON PRINCIPAL'S BEHALF:

Filing Period: Quarter: Year:

P00547

Apr - Jun 2018

Filer's Name: Greater Philadelphia Association of REALTORS

PERMANENT BUSINESS ADDRESS:

Address: 1341 N. Delaware Avenue

Suite 200

City: Philadelphia State: Zip:PA 19125

CONTACT INFORMATION OF FILER:

Phone: 215-423-9381 Ext.

Email Address: [email protected]

FILER'S INFORMATION:

Registration No.:

LOBBYING DISCLOSURE QUARTERLY EXPENSE REPORT

TOTAL LOBBYING EXPENSES DURING THE REPORTING PERIOD:

Registration Name Related to RegistrationNum Affirmation Status

Jha, Samar L00546 Awaiting Affirmation

Real Estate

SUBJECT(S) OF LOBBYING:

TOTAL EXPENDITURES FOR GIFTS, HOSPITALITY, TRANSPORTATION, AND LODGING

TO CITY OFFICIALS, EMPLOYEES OR THEIR IMMEDIATE FAMILIES :

TOTAL EXPENDITURES FOR DIRECT COMMUNICATION:

TOTAL EXPENDITURES FOR INDIRECT COMMUNICATION:

2,104.50

61,742.00

TOTAL EXPENDITURES OF ALL LOBBYING FOR THE PERIOD:

63,846.50

+

DIRECT COMMUNICATIONS:

Lobbying Category Subject Matter Position Taken Department or Agency

Name of City Official

Real Estate Bills No. 180165, 180167, 170854, 180351, 180347

Oppose City Council Bass, Cindy


Oppose City Council Brown, Blondell Reynolds


Oppose City Council Clarke, Darrell L.


Oppose City Council Domb, Allan


Oppose City Council Green, Derek


Oppose City Council Greenlee, William K.


Oppose City Council Gym, Helen


Oppose City Council Henon, Bobby


Oppose City Council Blackwell, Jannie


Oppose City Council Johnson, Kenyatta


Oppose City Council Jones Jr., Curtis


Oppose City Council O’Neill, Brian J.


Oppose City Council Oh, David


Oppose City Council Parker, Cherelle


Oppose City Council Quinones-Sanchez, Maria D.


Oppose City Council Squilla, Mark

None.

GIFT RECIPIENTS:

Lobbying Category Subject Matter Position Taken Method of Communication

Recipient Group

Real Estate Bills No. 180165 and 180167

Oppose Mailing Residents of Philadelphia


Oppose Print/electronic media advertising

Residents of Philadelphia


Oppose Email campaign Residents of Philadelphia


Oppose Telephone bank Residents of Philadelphia

INDIRECT COMMUNICATIONS:

Lobbying Category Subject Matter Position Taken Department or Agency

Name of City Official


Oppose City Council Taubenberger, Al

Real Estate Bill No. 180349 Support City Council Bass, Cindy

Real Estate Bill No. 180349 Support City Council Brown, Blondell Reynolds

Real Estate Bill No. 180349 Support City Council Brown, Blondell Reynolds

Real Estate Bill No. 180349 Support City Council Blackwell, Jannie

Real Estate Bill No. 180349 Support City Council Domb, Allan

Real Estate Bill No. 180349 Support City Council Green, Derek

Real Estate Bill No. 180349 Support City Council Greenlee, William K.

Real Estate Bill No. 180349 Support City Council Gym, Helen

Real Estate Bill No. 180349 Support City Council Henon, Bobby

Real Estate Bill No. 180349 Support City Council Johnson, Kenyatta

Real Estate Bill No. 180349 Support City Council Jones Jr., Curtis

Real Estate Bill No. 180349 Support City Council O’Neill, Brian J.

Real Estate Bill No. 180349 Support City Council Oh, David

Real Estate Bill No. 180349 Support City Council Parker, Cherelle

Real Estate Bill No. 180349 Support City Council Quinones-Sanchez, Maria D.

Real Estate Bill No. 180349 Support City Council Squilla, Mark

Real Estate Bill No. 180349 Support City Council Taubenberger, Al

FILER AFFIRMATION:

None.

LOBBYING FIRM/LOBBYIST NOT ASSOCIATED WITH A LOBBYING FIRM AFFIRMATION:

By affixing my signature to this expense report, I affirm that I have actual knowledge of the contents of this expense report and that the information reported herein is valid, accurate, and complete to the best of my knowledge. To the best of my knowledge at all times relevant to this quarterly expense reporting period, I have complied with the requirements of City Code §20-1205(5). I acknowledge that this affirmation is being made subject to 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). I consent to receive service of notices, other official mailings, or process at the address or email listed in this expense report.

First Name: Samar MI:

Last Name: Jha

Title: Director of Government & Public Affairs

Date: 10/29/2018

Name Source Address

Pennsylvania Association of REALTORS®

500 N Twelfth St,Lemoyne,PA,17043

National Association of REALTORS® 500 New Jersey Ave, NW ,Washington,DC,20001-2020

SOURCE OF CONTRIBUTIONS:

None.

REPAYMENTS:

GPAR REGISTRATION

Name RegistrationNum Affiliated Start Date Affiliated End Date


Jha Samar L00546 4/1/2018 12:00:00 AM

Lobbyist(s):

Registration No: P00547 Registration Status: Submitted


Suite 200

Philadelphia State: Zip:PA 19125

Registration Name: Greater Philadelphia Association of REALTORS

Lobbying Commenced: 04/01/2018

Acronym: GPAR Date Filed: 10/09/2018

Phone#: 215-423-9381 Ext.

Fax#: 215-423-0406 Last Renewed:

Additional Phone#:

Last Amended Date: 10/09/2018Registration Period: 2018-2018

City:

Email: [email protected] Additional Email: [email protected]

Real EstateNature of Business:

Lobbying Firm(s):

Political Action Committee(s):

FILER AFFIRMATION:

Association/Organization members:

2428

2018

No Number of Dues - Paying Members:

For The Calender Year :

Is this Principal an Association or Organization? Yes

Name Acronym

PHILPAC

MI:

I am a named officer or other individual who has authority to sign documents on behalf of the above-named principal. By affixing my signature to this registration statement, I affirm that I have actual knowledge of the contents of this registration statement and that the information reported herein is valid, accurate, and complete to the best of my knowledge. I acknowledge that this affirmation is being made subject to 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). I consent to receive service of notices, other official mailings, or process at the address or email listed in this registration statement.

Jha

Director of Government & Public AffairsTitle:

Last Name:

First Name: Samar

JHA REGISTRATION


Principal(s):

Registration No: L00546 Registration Status: Submitted


Suite 200

Philadelphia State: Zip:PA 19125

Registration Name: Jha, Samar Lobbying Commenced: 04/01/2018

Acronym: Date Filed: 10/09/2018

Phone#: 215-423-9381 Ext.

Fax#: 215-423-0406 Last Renewed:

Additional Phone#:

Last Amended Date: 10/09/2018Registration Period: 2018-2018

City:

Email: [email protected] Additional Email:

Lobbying Firm(s):

Political Action Committee(s):


GPAR 10/11/2016 12:00:00 AM

Candidate Political Committee(s):

FILER AFFIRMATION:

Name Acronym

PHILPAC

Name Acronym

MI:

By affixing my signature to this registration statement, I affirm that I have actual knowledge of the contents of this registration statement and that the information reported herein is valid, accurate, and complete to the best of my knowledge. I acknowledge that this affirmation is being made subject to 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). I consent to receive service of notices, other official mailings, or process at the address or email listed in this registration statement.

Jha

Director of Government & Public AffairsTitle:

Last Name:

First Name: Samar

PARIS WASHINGTON, SR.


This Settlement Agreement (“Agreement”) is made and entered into between the

Board of Ethics of the City of Philadelphia, Paris Washington, Sr., and J. Shane Creamer, Jr.,

the Executive Director of the Board of Ethics, jointly referred to as “the Parties.”

RECITALS

A. The Board of Ethics of the City of Philadelphia is an independent, five-member City board established in 2006 through voter approval of an amendment to the Philadelphia Home Rule

Charter. Pursuant to Section 4-1100 of the Home Rule Charter, the Board is charged with

administering and enforcing the Home Rule Charter’s restrictions on interests in certain

City contracts.

B. Paris Washington, Sr. is the Deputy Chief of the Philadelphia Sheriff’s Office. He has worked for the City for approximately 27 years.

C. Home Rule Charter Section 10-102 prohibits officers or employees of the City from being financially interested in certain City contracts, including contracts for the supplying of

services.

D. Pursuant to Philadelphia Code Section 20-606(1)(h), if the Board finds a violation of Section 10-102 of the Home Rule Charter, it may impose a maximum civil monetary

penalty of $300.

E. In June of 2017, Board Enforcement Staff became aware of potential violations by Mr. Washington of the Home Rule Charter and opened an investigation. In the course of the

investigation, Board Enforcement Staff obtained documents and records and interviewed

witnesses, including Mr. Washington.

F. From April of 2015 through August of 2017, Mr. Washington notarized numerous affidavits for the Sheriff’s Office Civil Discovery Unit. In return, the Sheriff’s Office paid him $4,628

from a City bank account. These payments were in addition to and outside of Mr.

Washington’s duties as Deputy Chief of the Sheriff’s Office. Mr. Washington provided his

services to the City with the understanding that he would be paid the standard notary rate

per affidavit, which is set by Commonwealth regulation. The rate started at $2 per affidavit

and increased to $5 per affidavit during the time period that Mr. Washington notarized

affidavits for the Sheriff’s Office.

G. Prior to making an arrangement with Mr. Washington, the Sheriff’s Office had been paying another notary $10 per affidavit. This notary did not work for the Sheriff’s Office.

H. In August of 2017, after contact with Board Enforcement Staff, the Sheriff’s Office stopped using Mr. Washington for notary services. A different Sheriff’s Office employee now

notarizes affidavits without any additional compensation as part of his job duties.

I. The Parties desire to enter into this Agreement in order to resolve the issues described herein.

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AGREEMENT


1. Because he had a financial interest in a contract with the City for the supplying of services,

Mr. Washington violated Home Rule Charter Section 10-102 and is subject to a civil

monetary penalty of $300.

2. In addition to the civil monetary penalty of $300, Mr. Washington shall disgorge to the City

$1,500 of the payments he received for providing notary services to the Sheriff’s Office.

3. Payment of the aggregate civil monetary penalties and disgorgement of $1,800 shall be

paid by check or money order made payable to the City of Philadelphia and delivered to the

offices of the Board within 90 days of the execution of the Agreement.

4. Within six months of the effective date of the Agreement, Mr. Washington shall

attend ethics training at the offices of the Board.

5. Mr. Washington releases and holds harmless the Board and its staff from any potential

claims, liabilities, and causes of action arising from the Board’s investigation,

enforcement, and settlement of the matters described in the Agreement.

6. In consideration of the above and in exchange for Mr. Washington’s compliance with all of

the terms of the Agreement, the Board waives any further penalties or fines against him for

the violations described in the Agreement.

7. The Parties will not make any public statements that are inconsistent with the terms of the

Agreement.

8. If the Board or the City is forced to seek judicial enforcement of the Agreement, and

prevails, Mr. Washington shall be liable for attorneys’ fees and costs reasonably expended

in enforcing compliance with the Agreement. Fees for time spent by Board or City

attorneys shall be calculated based upon standard and customary billing rates in

Philadelphia for attorneys with similar experience.

9. The Agreement contains the entire agreement between the Parties.

10. The Executive Director, or his designee, will submit a signed copy of the Agreement to the

Board for approval.

11. The Agreement shall become effective upon approval by the Board.

12. If the Board rejects the proposed Agreement, presentation to and consideration of the

Agreement by the Board shall not preclude the Board or its staff from participating in,

considering, or resolving an administrative adjudication of the matters described in the

Agreement. If the Board rejects the proposed Agreement, nothing in the proposed

Agreement shall be considered an admission by either party and, except this paragraph,

nothing in the Agreement shall be effective.

PATRICK JONES

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This Settlement Agreement (“Agreement”) is made and entered into by the Board of

Ethics of the City of Philadelphia, J. Shane Creamer Jr., the Executive Director of the Board, and

Patrick W. Jones, jointly referred to as “the Parties.”

RECITALS

A. The Board of Ethics of the City of Philadelphia is an independent, five-member City board established in 2006 through voter approval of an amendment to the Philadelphia Home

Rule Charter. Pursuant to Section 4-1100 of the Home Rule Charter, the Board is charged

with administering and enforcing the Charter’s restrictions on the political activity of City

employees.

B. From November of 2013 until July 28, 2017, Patrick W. Jones was employed on the staff of City Councilwoman Cindy Bass.

C. Home Rule Charter Subsection 10-107(3) provides that a City officer or employee shall not directly or indirectly demand, solicit, collect or receive, or be in any manner concerned

in demanding, soliciting, collecting or receiving, any contribution intended for any

political purpose.

D. As explained in Ethics Board Regulation No. 8, Subpart D, an appointed City officer or employee shall not authorize a political committee to collect, receive, or solicit

contributions intended for a political purpose on his or her behalf. Nor may an appointed

officer permit, authorize, or direct others to collect, receive, or solicit contributions intended

for a political purpose for his or her benefit or on his or her behalf. Regulation No. 8 also

notes that a City employee may not use a political committee to raise money for a potential

candidacy.

E. Pursuant to Philadelphia Code Section 20-606(1)(h) and Regulation No. 8, Paragraph 8.26, if the Board finds a violation of Subsection 10-107(3) of the Home Rule

Charter, it may impose a maximum civil monetary penalty of $300.

F. In March of 2018, Board Enforcement Staff received a complaint alleging that Mr. Jones had violated the political fundraising restrictions of the Home Rule Charter. Enforcement

Staff accepted the complaint and opened an investigation. In the course of the investigation,

Enforcement Staff obtained documents and bank records and took statements from

witnesses and Mr. Jones.

G. In June of 2017, Mr. Jones began considering running for Pennsylvania State Representative for the 198

th District.

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H. While still employed by the City, Mr. Jones retained a local political consulting firm and created a political committee named Action for PA. During this time period, Mr. Jones

signed a contract with the political consulting firm and approved a fundraising plan

developed by the firm. Mr. Jones also solicited a contribution of $500.

I. Separate and apart from the matters described above, in 2015 and 2016, while employed with the City, Mr. Jones created promotional fliers for fundraisers for Councilwoman Cindy

Bass and candidates for congressional, City, and judicial office in Philadelphia.

J. At all times, Mr. Jones fully cooperated with the Board’s investigation.

K. The Parties desire to enter into this Agreement in order to resolve the matters described herein.

AGREEMENT


1. Mr. Jones’ involvement in the fundraising operations of Action for PA, including soliciting a contribution, while employed by the City violated Home Rule Charter Subsection 10-107(3),

for which he is subject to a civil monetary penalty of $300.

2. By creating fliers for fundraisers for Councilwoman Bass and candidates for congressional, City, and judicial office while employed by the City, Mr. Jones violated Home Rule Charter

Subsection 10-107(3), for which he is subject to a civil monetary penalty of $300.

3. Mr. Jones shall pay the aggregate civil monetary penalty of $600 within two weeks of the effective date of the Agreement. Payment shall be by check or money order made payable

to the City of Philadelphia and delivered to the offices of the Board of Ethics.

4. Mr. Jones releases and holds harmless the Board and its staff from any potential claims, liabilities, and causes of action arising from the Board’s investigation, enforcement, and

settlement of the matters described in the Agreement.

5. In consideration of the above and in exchange for Mr. Jones’ compliance with all of the terms of the Agreement, the Board waives any further penalties or fines against him for the

violations described in the Agreement.

6. The Parties will not make any public statements that are inconsistent with the terms of the Agreement.

7. If the Board or the City is forced to seek judicial enforcement of the Agreement, and prevails, Mr. Jones shall be liable for attorneys’ fees and costs reasonably expended in enforcing

compliance with the Agreement. Fees for time spent by Board or other City attorneys shall be

calculated based upon standard and customary billing rates in Philadelphia for attorneys with

similar experience.

8. The Agreement contains the entire agreement between the Parties.

VERNA BROWN-TYNER

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This Settlement Agreement (“Agreement”) is made and entered into by the Board of Ethics

of the City of Philadelphia, J. Shane Creamer Jr., the Executive Director of the Board, and Verna

Brown-Tyner, jointly referred to as “the Parties.”

RECITALS

A. The Board of Ethics of the City of Philadelphia is an independent, five-member City board established in 2006 through voter approval of an amendment to the Philadelphia Home

Rule Charter. Pursuant to Section 4-1100 of the Home Rule Charter and Chapter 20-600 of

the Philadelphia Code, the Board is charged with administering and enforcing the City Ethics Code.

B. Verna Brown-Tyner is the Chief of Staff for Councilmember At-Large William K. Greenlee. She was first appointed to her current position in 2006. In 2010 she resigned

from her position to run for City elective office and was then re-appointed to her current position in 2011. Ms. Tyner began working for the City in 1994.

C. Ms. Brown-Tyner served as the President of Tioga United, a Registered Community Organization based in North Philadelphia, from 2012 until September 29, 2018. Tioga

United’s mission is to serve the community in the Tioga neighborhood of Philadelphia and to provide services to help rebuild the community one step at a time.

D. In June of 2018, Board Enforcement Staff received a complaint alleging that Ms. Brown-Tyner had violated the City Ethics Code. Enforcement Staff accepted the complaint and

opened an investigation. In the course of the investigation, Enforcement Staff obtained documents, such as emails, and took statements from witnesses.

E. Subject to certain exceptions, Philadelphia Code Section 20-602(1)(a) prohibits a City employee from representing another person (including a non-profit) as an agent or attorney,

whether or not for compensation, in any transaction involving the City.

F. A transaction involving the City, as per Code Section 20-601(27), is any matter that a City officer or employee “believes or has reason to believe (a) is or will be the subject of City

action; or (b) is one to which the City is or will be a party; or (c) is one in which the City has a direct proprietary interest.”

G. Pursuant to Code Section 20-1302, a violation of Section 20-602(1)(a) is subject to a civil monetary penalty of $1,000, which may be increased to $2,000 if an aggravating factor is present or decreased to as low as $250 if mitigating factors are present.

H. Beginning in August of 2013, Ms. Brown-Tyner represented Tioga United in numerous transactions involving the City, including, as described below, matters involving land use

and liens imposed by the City.

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I. From 2015 through 2018, Ms. Brown-Tyner, in her capacity as President of Tioga United, tried to obtain for Tioga United a parcel of Redevelopment Authority land located at 20th

and Tioga Streets for use as a community garden. Ms. Brown-Tyner had multiple

communications and meetings with Councilwoman Cindy Bass and her staff in order to

obtain the Councilwoman’s support for a one-year lease or nominal transfer of the land to

Tioga United.

J. In 2016, after being approached by the Philadelphia City Planning Commission, Ms. Brown-Tyner, in her capacity as President of Tioga United, applied for a City-administered

Brownfields grant for a community garden at 20th and Tioga Streets. The Brownfields grant

was funded by the U.S. Environmental Protection Agency and administered by the

Philadelphia Redevelopment Authority and several City departments, including the Office

of Sustainability and the Water Department.

K. In 2018, the City informed Ms. Brown-Tyner, in her capacity as President of Tioga United, that the Department of Licenses and Inspections (“L&I”) had placed liens on two

properties owned by Tioga United. In response, Ms. Brown-Tyner protested to the Revenue

Department that L&I records reflected that the matter had been closed and, for that reason,

Tioga United believed that it did not owe any money to the City. After being informed that

this was not the case, Ms. Brown-Tyner arranged for Tioga United’s payment to the City.

L. Ms. Brown-Tyner fully cooperated with the Board’s investigation of the violations described in this Agreement.

M. The Parties enter into this Agreement in order to resolve the matters described herein.

AGREEMENT


1. By representing Tioga United in its request to Councilwoman Bass to support a transfer to Tioga United of a parcel of Redevelopment Authority land located at 20th and Tioga Streets, Ms.

Brown-Tyner violated Philadelphia Code Section 20-602(1)(a), for which she is subject to a civil

monetary penalty of $1,000.

2. By representing Tioga United in its submission of an application for a City-administered Brownfields grant, Ms. Brown-Tyner violated Philadelphia Code Section 20-602(1)(a), for which

she is subject to a civil monetary penalty of $1,000.

3. By representing Tioga United in discussions with the Revenue Department about whether Tioga United owed monies to the City, Ms. Brown-Tyner violated Philadelphia Code Section 20-

602(1)(a), for which she is subject to a civil monetary penalty of $1,000.

4. Payment of the aggregate $3,000 civil monetary penalty shall be made by check or money order made payable to the City of Philadelphia and delivered to the offices of the Board on the

following schedule:

4.1. $500 within 60 days of the effective date of the Agreement;

4.2. At least $500 every 60 days thereafter until the full amount is paid, provided that the full amount shall be paid by December 31, 2019.

city of philadelphia board of ethics...nov 29, 2018 · 20-1202(1) and is subject to a civil...

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