Candidates In DROP Allowed On Ballot, Judge Rules
A Common Pleas Court Judge just ruled that City Council members Marian Tasco and Frank Rizzo, along with City Commission Chairwoman Marge Tartaglione can appear on the May 17 primary election ballot, despite their their participation in the controversial deferred retirement option plan.
Candidates In DROP Allowed On Ballot, Judge Rules
Chris Brennan
A Common Pleas Court Judge just ruled that City Council members Marian Tasco and Frank Rizzo, along with City Commission Chairwoman Marge Tartaglione can appear on the May 17 primary election ballot, despite their their participation in the controversial deferred retirement option plan.
Attorneys Matt Wolfe and Joe Doherty filed lawsuits in the last two weeks for a group of voters against the three elected officials, each seeking re-election this year.
The legal argument, heard by Common Pleas Court Judge Jimmy Lynn on Friday, came down to two key issues:
- The plaintiffs said elected officials and other city employees make an "irrevocable commitment" to retire when they enter DROP so they are not eligible to participate in the program and then run for re-election.
- The elected officials in the suit argued that nothing in the state Constitution, the state election code or the City Charter -- the three sources of legal guidance in local elections -- says anything about DROP disqualifying them from running for re-election.
Lynn, in an order just released, said the plaintiffs were asking him to rewrite city law and that he had "no hesitation" in rejecting their request, adding that such an argument would prevent a City Council member to retire in the DROP program and then run for mayor.
"That is the absurd and tortured thinking that the petitioners bring to this litigation," Lynn wrote. "An assistant district attorney with 20 years of service could not retire under DROP and later run for District Attorney of Philadelphia. A police officer, firefighter or trashman with years of service could not take the DROP and then run for office. These may be the very candidates who best know the city and the issues that arise regarding its governance."
DROP allows city employees to set a retirement date up to four years in the future, with pension payments deposited into an interest-bearing account while the employees are still on the city payroll. The DROP payment is collected in a lump sum when the employee retires.
Tartaglione used a loophole in the law to collect $288,136 from DROP in January 2008 after winning another term in November 2007. She retired for one day and then returned to the city payroll. Tasco and Rizzo have DROP retirement dates set for Dec. 30 and could follow Tartaglione's one-day retirement example, which two city solicitors have said is legal. Tasco will collect $478,057 from DROP while Rizzo is due to receive $194,517.
Sickening !!!!— Phillyaviator37- so sad. vote them out— thelupe24
- This azzhole in on someones payroll . He arguement makes no sense . They dont have an issue with retiring its entering the DROP with the knowledge that they will not be retiring at all . The fact that the DROP is NOT for elected officals still hasnt been brought up WTF this city Blowssssss— kdubs215
- Actually , an assistant district attorney could participate in DROP , retire and then run for District Attorney because the D. A. is actually paid by the Commonwealth of Pennsylvania - not the City ,and is in the state pension system , so these folks would not be barred from office by Wolf and Doherty's interpretation , as the judge seems to think .— publius sempronius tuditanus
- vote them out— adamdude77
- Is there an appeal planned?— Chr
- What do you do when even the judges are stupid.
- wait a minute, if they retire, even for a day, they should be replaced by a logical replacement or special election.— adamdude77
Something about the Letter Of The Law as opposed to The Spirit Of The Law?
It's one thing to retire from a job and seek another job but it's quite another to retire from a job and seek the same job you retired from - isn't it?
The People of Philadelphia deserve what they get if they re-elect - trust? - any person who callously gives them the finger while supposedly carrying out that trust.- It's all double talk. If they stay in office, they should not get a Drop payment.— phillyguy36
- Like Jim Lynn would go against a Democrat - good thing Rizzo is in the group with Tartaglione for this ruling. Go way back to see where Lynn got his start! U N I O N— phillygrlinfl
they'll get re-elected. watch.- A pension plan that allows benefits to start going into an interest bearing account 4 years before the employee retires? Talk about generous! Us city taxpayers are truely generous. We'll pay for anything.— Falls Ed
- Pathetic! Glad I don't live in Philadelphia.— Glider2001
- Why are you looking for honest ethics at City Hall or at the court of Common Pleas-Orphans Court-Domestic Relations or what else do we have? Land Lord Tenet-- Traffic Court; the whole system is corrupt, if you don't believe me, ask ANNA Verna, she won't even tell the people, the truth about a Tree; (AILANTHUS) The Tree of Heaven.— thomas j barnes
- If people are so upset with the decision, lets see how they voice it at the polls. They now have the power to make their own decisions on Election Day!!!— mamcintyre
- We'll see if the voters in Philly are serious about their anger and at the very least boot Franny out on his fanny and send Tasco packing. Maybe Franny will either retire or finally get a real job considering his job at PECO was because his father and his elected office was becuse his father's coattails. He will finally have to make a move on his own. Tasco existence goes back to Bill Gray's coattails, so she might have to get a real job or retire. We shall see.— Speak-truth-2-power
- Correct me if i am wrong.....An elected official retires even for one day and takes his or her retirement money they are retired and off the payroll......Since the Citizens elected them isn't it necessary to have another election because you cant retire and then change your mine the people need to elect some one to fill that position that should have been the court case......— realtime
- quite comical how the Judge Lynn said it is absurd and tortured thinking on behalf of the plaintiffs who think this is unethical. The whole purpose of the DROP Program is for these people to RETIRE!!!!! I do not understand how anyone can back this program up anymore for elected officials. It is beyond me, how people such as Tartaglione, who accepted payment and then retired for 1 day, should not be brought up on criminal charges. this is a major issue and the people of philadelphia need to step up and make sure rizzo and tasco never get into office.— pdever14
- This makes me sick to my stomach. These bums need to be kicked out of office. This is an egregious abuse of the trust that the public places in them. KICK THEM OUT OF OFFICE NOW.— NickFromGermantown
Comment removed.- Was it really the intent of Phila. city council to approve a program where elected official can retire for ONE DAY and then come back to work just to be enrolled in DROP? Really???— chrissmith
- Comment removed.
- Remember that average city employees like police officers and fire fighters are not allowed to come back from the DROP program. Only arrogant, greedy political insiders like Marian Tasco, Frank Rizzo, Marge Tartaglione and the Union officials like Pete Matthews of DC 33 and Cathy Scott, Mike Walsh and Rita Urwitz of DC 47 are allowed. The issue is the fact that these pigs at the trough are coming back to the SAME jobs they committed to retire from.
Vote the politicians out and call out the Union officials on their greed and hypocrisy. They have sold out the workers they are supposed to represent because they have no personal or financial stake in advancing their interests. Why no contracts for DC 33 and 47 and why do Pete Matthews and Cathy Scott give Nutter a free pass?? Ask yourself that question if you are a member of either Union.— Serpico - Don't vote for them!— Devoted Teacher
- Leaches want more... Disgusting. You can't make this stuff up. Anyone who votes for these cretins deserves what they get.— dogman5
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- Please, PLEASE, appeal this idiotic ruling!— F. Harry Stowe
- There is a difference between retiring and running for office and running for office before retiring. These people are running for office before they officially retire through DROP. They are also running for the same position they are retiring from. The appropriate analogy is not an ADA retiring then running for DA.— spider9
Stand up Philadelphia and vote them all OUT!!!!!!!!!!!!!!- Comment removed.
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David Gambacorta spent a small eternity writing about cops, drug dealers and serial killers. Now he’s writing about power and politics – which sometimes reminds him of the old crime beat. He joined the Daily News in 2005. And yes, he knows you’re not quite sure how to pronounce his last name. E-mail tips to gambacd@phillynews.com
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Jan Ransom, a native New Yorker, joined the Daily News in 2010 after graduating from Howard University. She has since written about the difficulty of filing police complaints, tax deadbeats and life after violent home invasions. She joined the Daily News City Hall Bureau in 2011 and has plunged headfirst into reporting on administration budget battles and City Council shenanigans. E-mail tips to ransomj@phillynews.com
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Sean Collins Walsh is from Bucks County and went to Northwestern University. He joined the Daily News copy desk in 2012 and now covers the Nutter administration. Before that, he interned at papers including The New York Times, The Dallas Morning News and The Seattle Times. E-mail tips to walshSE@phillynews.com
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