The Internet is a fast and furious place where one button push can cause a whole mess of problems. Who hasn't heard stories of regret about an e-mail that, upon reflection, should never have been sent? Which brings us to the campaign of Michael Turner for District Attorney, which in a letter today asked the Philadelphia Board of Ethics to investigate Seth Williams, one of Turner's four opponents in the May Democratic primary election.
The investigation request is based in part on a story in today's Evening Bulletin about a campaign contribution Williams received while working as the city's Inspector General during Mayor Street's second term. Williams' campaign has given the Daily News copies of a 2006 e-mail correspondence he had with Evan Meyer -- then a deputy city solicitor/now counsel for the Board of Ethics. In the e-mails, Meyer tells Williams his "Committee to Elect Seth Williams" is allowed to collect campaign contributions to pay off its debt from his unsuccessful primary 2005 challenge against District Attorney Lynne Abraham.
Harry B. Cook, Turner's campaign coordinator, emailed the letter to reporters at the Daily News and Inquirer this afternoon and followed up eight minutes later with a terse recall, telling reporters: "Do not forward. Do not discuss." Cook later told PhillyClout Shane Creamer, executive director of the Board of Ethics, told him the e-mail might be an ethics code violation in and of itself.
Under confidentiality, the code says: Except as otherwise provided in this Chapter, the records, reports, memoranda and files of the Board shall be confidential and shall not be subject to public inspection, except as otherwise provided by law. Also, no person shall disclose or acknowledge to any other person any information relating to a complaint, investigation, referral or pending adjudication, except as otherwise provided by law.
Cook says he doesn't think his e-mail violated the confidentiality provision of the Ethics code. "The letter never says there is a violation," Cook explained. "The letter says there is possibly a violation that should be looked into."
There are five problems that I see here with your reporting: The first is whether or not a campaign staffer, Mr. Cook, is covered by this portion of the ethics code since it is found under Title 20. Officers & Employees. Unless Mr. Cook is an employee, or an officer, of the city then he is not covered by the clause and acted well within his rights to free speech. Secondly, was it a complaint or just an emailed letter requesting an investigation? Does it make allegations that violations took place, or, does it raise questions of potential violations? That distinction would be very important as to whether the document itself is covered under the confidentiality clause. Thirdly, by taking the position that this communication was a complaint, and by having further communication with the staffer regarding the matter and by then writing a story about it, are you too not violating the confidentiality clause? Fourth, it's a shame for the process that you ignored the Bulletin story and the serious charges it levels against the Williams' campaign. That's cheap. Fifth, is it a conflict for the Ethics Board to investigate this matter since their counsel is the same person who gave Mr. Williams the green light, according to the article, to raise money into his political committee as a city employee? Is this a job for the Attorney General since every other city entity with potential jurisdiction would be conflicted in one way or another? It would be a delight to see informed and researched coverage. I hope the last person in the building makes sure to shut off the lights, it's the least you can do. s.aber
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