Supreme Court Won't Boot DROP Candidates From Ballot
The Pennsylvania Supreme Court has rejected an appeal from a group of voters seeking to remove from the May 17 primary election ballot three candidates who have or are participating in the controversial Deferred Retirement Option Plan. That means City Commission Chairwoman Marge Tartaglione and City Councilwoman Marian Tasco, both Democrats, and Republican Councilman Frank Rizzo are free to run for re-election.
Supreme Court Won't Boot DROP Candidates From Ballot
Chris Brennan
The Pennsylvania Supreme Court has rejected an appeal from a group of voters seeking to remove from the May 17 primary election ballot three candidates who have or are participating in the controversial Deferred Retirement Option Plan. That means City Commission Chairwoman Marge Tartaglione and City Councilwoman Marian Tasco, both Democrats, and Republican Councilman Frank Rizzo are free to run for re-election.
The court this afternoon posted a note on the dockets for the three cases, saying it had affirmed the March 23 ruling by Philadelphia Common Pleas Court Judge Jimmy Lynn that the three candidates can remain on the ballot.
Justice Thomas Saylor issued a dissenting statement, hitting on a key issue in the case: DROP participants make an "irrevocable commitment" to retire from city service. His statement, which was joined by Chief Justice Ron Castille, said the "supposed 'retirements' amount to a mere pretense, or sham, designed solely to obtain the lump-sum DROP benefit involved and then continue on in the same position as before."
This is a legal loss for the challengers but a political victory in that their lawsuits kept in the public eye the issue of elected officials signing up for DROP, running for re-election, retiring for one day to collect a six-figure payout and then returning to the city payroll. That's what Tartaglione did in 2008 and it is what Tasco and Rizzo are expected to do on Dec. 30 if they are re-elected this year.
The challengers claimed the three candidates violated the "irrevocable commitment" they made to the city to retire when the entered DROP but then ran for re-election. Lynn rejected that as "absurd and tortured thinking" after a hearing in March. Lynn cited the opinion of two city solicitors who said the retire-for-a-day option was legal.
The challengers appealed to the state Commonwealth Court, which on April 8 decided that the case should be heard by the state Supreme Court. But Commonwealth Court Senior Judge Rochelle Friedman wrote in the opinion sending the issue to the Supreme Court that the three candidates were eligible in her view to run for re-election.
Tartaglione collected $288,136 from DROP while Tasco is expected to collect $478,057 and Rizzo will receive $194,517. The program allows city employees to set a retirement date up to four years in the future, with pension payments made during that time into a interest bearing account while they're still on the payroll. The DROP payment is collected in a lump sum when they retire and start receiving pension payments.
We can drop them by not voting for them— philly1345- Yes, thank you 1345. Common sense. They(council) wrote the ordinance for themselves to retire and run again. Just don't re-elect them. Re-elect NO ONE.— uandwhosearmy
- Show me the $$$. Loopholes allow these greedy characters to line their pockets. Let the peons eat crumbs.— dogman5
Comment removed.- vote them out.— thelupe24
- Comment removed.
- Remember these Judges. Put them on a post-it and watch it until election day. We must somehow stop this "PHILY CORRUPTION!" We must step up with our votes. stop now!!— thepaguy
- Not a problem as long as the peoople vote out ALL incumbents - every damn one of 'em!— The Monk
- Question for Democratic Judges in Philly, how much did the Ward Leaders get?? McCaffery did pro-bono work for the Democratic Party to make in-roads. Orie's sister under investigation. These seats don't come cheap! Don't vote for incumbents, do not vote for lawyers - that would be a start.— phillygrlinfl
- can we now move on? this case had a snowballs chance in your know where. If you don't like these people, vote them out.The litigation was a waste of everyones time.— Philip Parker
- Does this mean that the rank and file employees enrolled in DROP can also come back to work, or is this just meant for the politicians once again?— Jack Whitell
- Comment removed.
- If this is what the law allows, then shouldn't the DROP law be changed?— Falls Ed
- The DROP law needs to be changed but the people that can change it are participating in it. Nice system isn't it?— dpg508
- Can you believe it? In May we hear the case, and get a shot at over ruling the Supreme Court of Penna. This has got to an Historic Event. Tell you what, I am going one step further in my ruling, and vote them all out, because they closed their eyes to this injustice.
- Make a stand on May 17th and vote them and any other council member SUPPORTING them OUT.— ih8liars
- The challenge was technically flawed.
We can still vote them out.The ballot is the ultimate weapon.— non excidet
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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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