Office of The Inspector General Investigation Finds 13 City Employees in Violation of the Home Rule Charter

Philadelphia, January 2, 2014 – Following an investigation, Philadelphia Inspector General Amy Kurland announced that 13 Assistant Recreation Leaders in the Department of Parks and Recreation have been terminated or have resigned for violating the Philadelphia Home Rule Charter by improperly working for other government agencies while being employed by the City of Philadelphia.

 

“Every City employee must follow the rules and be held accountable when they do not,” said Mayor Michael A. Nutter. “I’m pleased that the Inspector General’s Office is stepping up enforcement of this Charter provision and ensuring that it is being applied fairly and consistently across City departments.”

 

Of the 13 employees, ten are full-time school teachers, two are U.S. Postal Service workers and one is a Pennsylvania Attorney General’s Office investigator.  Their terminations from City employment do not affect these full-time jobs.

 

Section 8-301 of the Home Rule Charter forbids City employees in most circumstances from holding a “position of profit” with another government agency, including a second job. Civil Service Regulation 33.022 also prohibits dual employment with other government agencies.

 

The thirteen employees all worked as permanent, part-time Assistant Recreation Leaders, assisting in the management of different City recreation centers, while holding full-time jobs for other government agencies. Many of the School District employees worked part time for the City during the school year and added extra hours during the summer.

 

The investigation into dual employment among City employees, which the Office of Inspector General began in March at the request of the Department of Parks and Recreation, is part of a new initiative to step up enforcement of the Charter provision and make sure it is applied fairly across the City.

 

“Our City’s underfunded municipal pension system is one of the biggest challenges Philadelphia faces,” Inspector General Kurland said. “The dual-employment prohibition is an important tool to prevent people who already have a government job from looking to the City for a second pension.”

 

Before recommending the terminations, the OIG requested and received, an official Solicitor opinion from the Law Department, which clarified that the dual-employment provision applies to all permanent City employees, including those who work only part time. The Inspector General’s Office also worked with Michael DiBerardinis, Deputy Mayor for Environmental and Community Resources, who issued a notice to Parks and Recreation staff over the summer reminding them of the dual-employment prohibitions.

 

The Inspector General’s Office is continuing to investigate dual-employment violations and has also asked City Controller Alan Butkovitz to participate in a joint investigation and City-wide audit to improve enforcement.

The relevant City Charter provision and Civil Service Regulation are included below for reference:

 

  • Charter Section 8-301 – Other Offices or Positions: Except as otherwise provided in this charter, no person shall hold more than one office or position of profit, whether elective or appointive, under the City and no such person shall hold such office or position while holding any other office or position of profit in or under the government of the United States, of the Commonwealth of Pennsylvania, or of any county, city or other political subdivision thereof, other than the office of notary public, any office in the military or naval service of the United States or of the Commonwealth of Pennsylvania, or any ex officio office held by virtue of another office or position.

 

  • Civil Service Regulation 33.022 – Other Governmental Positions:  Except as otherwise provided in the City Charter, no employee shall hold any other office or position of profit in or under the government of the United States, of the Commonwealth of Pennsylvania, or of any county, city or other political subdivision thereof.

 

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