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Wednesday, April 29, 2009

City Solicitor Says DROP Loophole is Legal

City Solicitor Shelley Smith today told a government watchdog group that she agrees with a 2006 opinion from former Mayor John Street's city solicitor that elected officials enrolled in the controversial DROP program can run for re-election, retire for one day, collect the pension payment and return to work.

"The DROP ordinance, as enacted by City Council, does not distinguish between elected officials and other City officials; does not prohibit retirement between the time of the general election and the time of retaking office on the basis of that election; does not prescribe any particular length of retirement for an official, subsequent to participation in the DROP; and does not bar any City official from returning to City office post-retirement," reads the letter from Smith to Committee of Seventy President Zack Stalberg.

The Committee of Seventy last month asked Smith to revise the legal opinion submitted by former solicitor Romulo Diaz in June 2006 that said that it was legal for Council members in the Deferred Retirement Option Program to resign for a day, collect the payment, and then return to elected office. Councilwoman Joan Krajewski did just that in 2007, winning an eighth term, retiring for one day and collecting $288,136.

Six Councilmembers are currently enrolled in DROP: Frank Rizzo, Marion Tasco, Anna Verna, Frank DiCicco, Donna Reed Miller and Jack Kelly. Rizzo and DiCicco have said they plan to run again (although DiCicco says he'll forgo a salary if re-elected), while the others have been coy about their plans.

To read the full letter click here.
Posted by Catherine Lucey @ 3:15 PM  Permalink | 13 comments
Comments   
  • Comment removed.
  • 0 like this / 0 don't   •   Posted 4:17 PM, 04/29/2009
    What a political hack. Anybody who has ever seen her working in a courtroom would not be surprised. Some taxpayer should sue to voide this boondoggle of a program. According to the original legislation, DROP was supposed to be abolished if it cost the taxpayers $1. It's costing us millions.
    — slasher
  • 0 like this / 0 don't   •   Posted 4:18 PM, 04/29/2009
    WOW! The inmates are running the asylum. There is no such thing as retiring for a day; that notion defies the laws of logic. Let us DROP City Council...Vote all the incumbents out. They are what is wrong.
    — rhawnhurst
  • 0 like this / 0 don't   •   Posted 4:36 PM, 04/29/2009
    Of course it's legal! The people in City Council must have been very careful in crossing all the t's and dotting all the i's when writing themselves this huge cash bonus. They may be crooked, but not stupid.
    — DonQ
  • 0 like this / 0 don't   •   Posted 4:52 PM, 04/29/2009
    Vote all the incumbents out. amen brother
    — thelupe24
  • 0 like this / 0 don't   •   Posted 4:54 PM, 04/29/2009
    the drop was never intended for elected city officials. it was intended for rank and file employees. those elected officials are dirtballs and are obviously taking advantage of the plan. mr nutter, please fix this problem before it escalates even more...
    — ralphj
  • 0 like this / 0 don't   •   Posted 5:08 PM, 04/29/2009
    This is nothing short of legislative rape of the taxpayers.
    — BernieG
  • 0 like this / 0 don't   •   Posted 5:22 PM, 04/29/2009
    DROP rules allow regular, non-elected, city employees to return to work after retiring but only with the Mayor's approval and that occurs only because they have a highly needed skill. City Council's budget person, Charlie McPherson is working for free because the Mayor would NOT approve his return to work after retiring. While the DROP rules do not differentiate elected and city officials, I guess Smith reads the rules as allowing elected officials to return without Mayoral approval. We have a city run by lawyers, which means that unless the rules specifically prohibit a certain act than the act is allowed. There is profound need for moral leadership and not the simple "ethical" leadership we have.
    — nebulus
  • Comment removed.
  • 0 like this / 0 don't   •   Posted 6:40 PM, 04/29/2009
    Slasher remember the city solicitor also helps with the selection of judges with the bar association. So the city is surrounded by crooked politicians its time for the voters to take back the city and vote the trash out and vote people in that care for the city and the tax payers.
    — DennisR
  • 0 like this / 0 don't   •   Posted 9:54 PM, 04/29/2009
    I twice asked Shelley Smith by letter to tell me what indemnity the city requires from elected city officals who use city vehicles for personal use. Protection for the taxpayers if there should be an at fault motor vehicle accident since the city "self insures". I also asked her a the chief lawyer for the city who has the authority to authorize personal use of a city vehicle. Her first response was worthless thanking me for my concern and not answering the questions. This response came only after I complained to the mayors office about her lack of response. I've yet to receive a response to my second letter which pointed out that she did not answer my question. Well Council lets nip this in the bud, change the DROP law immediately as it pertains to elected members of city government or be prepared to join the ranks of the unemployed at the next election. A non-elected member of city government who is signed up for DROP should attempt to resign for one day and then return to work. When refused the same opportunity given elected officals they should then sue the city and Council. "Equal protection" under the law. Queen Anne "we work very hard" Verna and Council had four years to prepare for the departure of McPherson, which they failed to do. This is leadership ?
    — MCC
  • 0 like this / 0 don't   •   Posted 3:12 PM, 04/30/2009
    Real simple answer...amend the DROP law or drop it.
    — feudi
  • 0 like this / 0 don't   •   Posted 3:18 PM, 04/30/2009
    Don't blame Smith because the law was poorly written. The pressure should be coming from the electorate. The fact that these members who are abusing the loophole aren't held accountable at the polls is unbelievable to me.
    — philly transplant


13 comments
About The Philly Clout Team
PhillyClout
Chris Brennan, a native Philadelphian and graduate of Temple University, joined the Daily News in 1999. He has written about SEPTA, the Philadelphia School District, the legalization of casino gambling, state government, the mayor, the governor, City Council and political campaigns.
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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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Catherine Lucey joined the Daily News in 2002 and has written about murderous drug gangs, political protesters and Harry Potter. After covering the 2007 mayoral election, she moved over to the City Hall bureau where she has been reporting on the Nutter administration.
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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.
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Catherine Lucey
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