Off with Shane Creamer's Head! Nah, no thanks.

One of the million things I haven't written about in my two-week post election stupor is the strange saga of Shane Creamer, the head of the Board of Ethics, who was fined by... the Board of Ethics. The deal is that Creamer violated the confidentiality piece of the ethics code, because he told a reporter "off the record" that Seth Williams would not be fined 16k by the Ethics Board. You can read the short story here, or the Ethics Board's longer version of facts here.

The basic gist is that according to Creamer, a reporter asked him about a 16k fine for Seth for the same old errors we kept hearing about, and he said 'no comment,' but was worried that his 'no comment' would be perceived as a yes, and result in a story running that would falsely make claims about Seth. So he called the reporter back, and told him 'off the record' that if Seth were fined it would be a lot less. He then thought he violated the confidentiality clause of the Ethics Law, and so went to his Board and Seth's campaign. And the Board decided he did violate the law, and fined him 500 dollars.

My take on it was that the confidentiality piece of the agreement, which seems to constantly ensnare everyone, really needs to be changed. (Along with a number of other provisions of the law.)

But, in response (sort of), Councilwoman Marian Tasco is now blustering with all of her might, and calling for Creamer to resign.

I AM EXPRESSING MY OUTRAGE AND THAT OF OTHERS WHO ARE OFFENDED BY MR. CREAMER’S RECKLESS BEHAVIOR.

THE GOOD GOVERNMENT ADVOCATES, LIKE ZACK STALBERG AND THE COMMITTEE OF 70, WHO ARE USUALLY VERY VOCAL WHEN THEY PERCEIVE PUBLIC OFFICIALS HAVE DONE SOMETHING WRONG, HAVE BEEN UNCHARACTERISTICALLY SILENT ABOUT THIS ISSUE. ONCE AGAIN, IS THERE A TWO-TIERED STANDARD OF ETHICS?

I HAVE EXPRESSED MY CONCERNS WITH THE MAYOR AND AM AWAITING HIS RESPONSE.

IF WE ARE TO MAINTAIN A BOARD OF THE HIGHEST ORDER AUTHORIZED TO ENFORCE OUR ETHICS LAWS, WE MUST PRESERVE THE PUBLIC TRUST. THEREFORE, MR. CREAMER MUST BE REMOVED IMMEDIATELY FROM HIS POSITION AS THE EXECUTIVE DIRECTOR OF THE ETHICS BOARD.

IN FACT I BELIEVE HE TENDERED HIS RESIGNATION WHEN HE DECIDED TO ENGAGE IN UNETHICAL CONDUCT.

I say that Tasco was 'sort of' responding to this incident, because she isn't responding to the incident above so much as to her much bigger desire... to get rid of Shane Creamer. And as one of the biggest supporters of Seth Williams, the guy who would have been hurt by this, I call bullshit. (Again, if you haven't, I would really encourage you to read the Settlement Agreement here.)

Simply put, many people in City Hall, even those people who you and I like as politicians, hate the Board of Ethics and they hate Creamer. They would love to get rid of him and put in someone a little more 'friendly.' They now have their hook. Wellllll, no thanks. This is crap, and it is a facade that is obscuring a very real issue: that we still need changes to our campaign finance and ethics laws, so that they actually make sense. For example:

  • We need to change donation limits so that they go by campaign cycle, rather than calendar year.
  • We need a clear process from the Board of Ethics where they outline how they decide whether to release settlements before or after elections.
  • We need a reworking of a confidentiality clause that everyone seems to have so much trouble with.
  • We need to make it so that if you double the campaign spending limits with a big self-donation, a la Tom Knox and then Dan McCaffery, that you cannot then have that donation paid back as a loan.

But, what we don't need to do is to take steps backwards, and to use this as an excuse for what City Council really wants to do: get someone friendly and compliant to head the Board of Ethics.

Our campaign finance laws and its enforcement body have taken us in the right direction. Ousting Creamer is not the way to keep that going.

Seconded

in total. It's a truly bizarre response, conflating a semi-inadvertent violation of the fuzzily-drafted confidentiality provision of the ethics laws, with the very worst violations of the ethics laws themselves.

While it's logical to call, like the Mayor seems to be, for violations by Ethics Board members to be investigated by someone other than the Ethics Board, this from Tasco is posturing of the most illogical sort:

SHANE CREAMERS LAPSE IN JUDGMENT AND UNETHICAL BEHAVIOR HAS BREACHED THE PUBLIC CONFIDENCE, CONSEQUENTLY COMPROMISING THE PUBLIC TRUST. ....

IN FACT I BELIEVE HE TENDERED HIS RESIGNATION WHEN HE DECIDED TO ENGAGE IN UNETHICAL CONDUCT.

THE EXECUTIVE DIRECTOR OF THIS BOARD MUST BE LIKE THAT OF CAESAR’S WIFE --- ABOVE EVEN THE SUSPICION OF WRONG DOING."

Everyone should keep their heads

and note that Philly can seem awfully small and stupid in affairs like these.

So many real things to get upset about, let's create a phony fire and toss someone we don't like upon it.

The city's economy. The state budget. The school district.

Stay focused, Marian.

(For those who care about such things, by common 2009 grammar practices, I should have said "his or her head," but it sounds funny and vaguely implies something I don't mean.)

Agreed

It seems hard to believe that Mr. Creamer's breach could result in something like this while a true "LAPSE IN JUDGMENT AND UNETHICAL BEHAVIOR" say at places like the BRT or Parking Authority merit hardly a second glance.

Unfortunately, like I said . . .

This morning's headline from Patrick Kerkstra: "Philadelphia leaders in no rush to fix BRT"
sort of says it all. (Maria Quinones Sanchez notably excluded)

Marian Tasco can't think of anything else to get upset about

Really? In this town?


-Sean
MrLuigi, my cat, actually only types half as badly as I do.

On a related note: City Council indignation

Mayor Nutter's push to cut elected officials out of the city's controversial DROP retirement perk has failed, at least for now.

"I don't believe there are sufficient numbers of Council members in support of it, so there's no sense in forcing the issue," [Councilman James Kenney] said.

Councilwoman Joan L. Krajewski left office in January 2008, collected $274,587, and returned to another term. City Solicitor Romulo L. Diaz Jr. advised her that voters could choose to return her to office despite the legal requirements of DROP.

Six active members of Council have since joined DROP: Verna, Majority Leader Marian B. Tasco, Minority Whip Frank Rizzo, Frank DiCicco, Jack Kelly, and Donna Reed Miller.

Kenney's bill would not affect those elected officials already in DROP and would give others until Jan. 1 to join. But it still drew officials' wrath because it questioned the legitimacy of their DROP benefits.

Always good to have a lot of perspective when talking about indignation coming from City Council.

-Sean
MrLuigi, my cat, actually only types half as badly as I do.

Confidentiality

The fine in this case does seem unreasonable and excessive, but I'm not convinced throwing out the confidentiality rules is the right solution. Without them, candidates could be vulnerable to attack on the ground they're under investigation -- even where the allegations underlying the investigation ultimately turn out to be unfounded. Since the timing of these investigations doesn't always fit neatly within election cycles, vindication might come too late to save an accused violator from defeat at the polls.

I whole heatedly agree, Portia

Councilwoman Tasco seemed to YELLING IN ALL CAPS about how horribly lax it was for Creamer to be fined so little for having tipped his hat that the Ethics Board might have been investigating a campaign - albeit out of concern that his "no comment" would be construed as a "yes" on exagerated claims about the scale of that investigation being made precisely by one of that candidates opponents. A minor error on the side of slightly too hasty transparency, basically.

But to bring it back to a context for Tasco's dramatic use of the Caps Lock button, I noticed an interesting exchange over at Phillyblog with Councilman Jim Kenney about his decision to finally give up the ghost on trying to find other Councilmembers interested in signing on to end DROP for elected officials. He basically said he dropped it because:

I need 8 other signatures on a resolution to force a hearing. I cannot get 8 others at this time.

Councilman, its been a while since we heard from you in these parts, so feel free to keep up us to date on your take on things round these parts of the interwebs, as well. We might have disagreed on the library cuts, but you would have gotten nothing but love from me at least for your efforts on this issue.

Anyway, so why would the Councilman need so many signatures to "force a hearing"? Oh thats right because the chair of the Finance Committee (where the bill would go) is one Marion Tasco who apparently has made it clear that she won't stand for any discussion of ending DROP for electeds on her watch. Thanks bunches, Councilwoman.

-Sean
MrLuigi, my cat, actually only types half as badly as I do.

Tasco expands the verbal smackdown

Not just the Board of Ethics and the Committee of 70 are drserving of ire, but the editorial board of the Daily News as well. They are all in it together to make Council as a whole look bad, apparently.

“City Council is continually stereotyped as guilty until proven innocent, that the body as a whole has the intent to defraud the public," Tasco said. "As a member and a leader of this Council, I am offended.”

I see where she's coming from:

2006: Conviction of Steven Vaugn - Councilwoman Miller's Chief of Staff on Federal corruption charges
2006: Conviction of Councilman Rick Mariano on corruption charges
2006: Appointment er "Special Election" of Councilwoman Carol Anne Campbell, after having been convicted (as opposed to merely fined) twice for campaign finance violations
2009: Conviction of Chris Wright, Councilman Jack Kelly's Chief of Staff on Federal corruption charges

A couple of assorted other controversies about conflict of interest and prominent mentions in other people's corruption trials during the same period.

Why, oh why, would anyone be tempted to collectively stereotype City Council as "guilty till proven innocent"? People in Philly are just too cynical about their local elected officials as a result of manipulation by the anti-Council press, obviously.
-Sean
MrLuigi, my cat, actually only types half as badly as I do.

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