Amid 'outrage,' City Hall watchdogs ponder steps against Anthony Clark

Reaction to Philadelphia City Commissioner Anthony Clark's work habits ranged Monday from "This is a public embarrassment" to "There must be a way to remove him."

And two watchdogs, one in city government and one outside it, began pondering what legal steps could be taken to reprimand or penalize him.

An Inquirer article Sunday explored how Clark, who has a checkered work-attendance history and voting record, was reelected to serve as the chairman of the three-member board that oversees city elections. He is paid $138,612 annually.

"There's a great deal of frustration and outrage," David Thornburgh, executive director of the Committee of Seventy, said Monday. He said his organization was looking at legal options and would "start organizing around that."

Clark is independently elected - he won a third four-year term last fall - and is essentially answerable only to voters.

The City Charter does not specify work hours or duties required of the commissioners chairman, said City Controller Alan Butkovitz. So withholding paychecks is not an option, he said, unless there were "an authoritative written rule that authorized that."

Then he offered an idea: What if new rules were written?

If rules governing the commissioners' behavior were in place, Butkovitz said, he could then audit the commissioners based on those rules and take action.

Butkovitz suggested City Council could "fill in the blanks" in the charter and add detailed job descriptions for the three commissioners. An easier route, he said, would be if the commissioners voted on a code of conduct for themselves.

"There could be an argument made that if there is a violation of the code, the violator could have their pay withheld," Butkovitz said.

He said that while he would impose such penalties, he was almost sure such a move would wind up in court.

"The court would tell us if we can do it," Butkovitz said. "I think we would be in a good position to win."

Clark, 56, could not be reached for comment Monday. He has defended his record, saying he does not need to be at his desk to do his job. He says he is in constant touch with his staff when he is out giving voter-education presentations or attending meetings, or even on personal trips.

"When I was in Egypt, I was considered still present," he told The Inquirer this month. He says voters can hold him accountable by looking at how elections are run.

Lisa Deeley, newest of the three commissioners, said Monday that commissioners had not discussed a code of conduct. Deeley. previously an aide to Butkovitz, would not say whether she would pursue the matter.

"I just started working here," she said, adding that in her first two weeks, she had seen Clark in the hallway a few times. "We will have to wait and see."

Commissioner Al Schmidt, who nominated Clark to be chairman, could not be reached for comment late Monday. The board's only Republican, he has said he renominated Clark as chairman for the sake of continuity during this year's presidential election.

Sunday's article, which noted Clark's nearly three-year voting hiatus, his infrequent office appearances, and the lump-sum pension check of nearly $500,000 he is due to receive in four years, drew expressions of dismay via email, Twitter, and Facebook.

"I feel depressed, helpless, and so disgusted with the lid off your politics. What can anyone do?" one reader wrote.

"Can't our new mayor do something about this injustice to taxpayers?" wrote another.

Still another: "You cannot make this stuff up. . . . Do the citizens of Philadelphia really have no recourse?"

The city Inspector General's Office, which is charged with looking into fraud, waste, and corruption, has no jurisdiction over the commissioners or the other so-called row offices. Asked Monday what could be done if a city commissioner does not show up for work, Inspector General Amy Kurland said, "I have no idea."

Mayor Kenney said last week that his administration was exploring what options are available to ensure Clark is doing his job. He called his fellow Democrat's behavior "insulting" to dedicated city employees and said, "It's time to come to work."

Veteran election lawyer Gregory Harvey said impeachment or recall is not an option in such situations unless state government gets involved.

The state Supreme Court rejected the City Charter's recall provision when Frank L. Rizzo's foes used it to try to unseat him as mayor in the 1970s.

Aside from conviction for a crime, Harvey said, the only option is the same little-used section of the state constitution now being used against Attorney General Kathleen G. Kane: A two-thirds vote of the state Senate (plus the governor's signature) can remove an elected official for "reasonable cause."

"On a practical matter," Harvey said of Clark's situation, "that is never going to happen."

cvargas@phillynews.com

215-854-5520@InqCVargas