Inquirer Editorial: In the hands of judges

Elections are often won and lost in Philadelphia through ballot challenges, and this year may not be different.

Two City Council members and a city commissioner face challenges because of their involvement in the DROP program. Meanwhile, Mayor Nutter wants perennial candidate T. Milton Street tossed from the May 17 Democratic primary ballot.

The challenges deserve legal scrutiny. It is hoped that the court can decide the matters on the facts and law, without fear of political influence.

Nutter contends that Street, who recently completed a prison sentence for tax evasion, doesn't meet the city's three-year residency requirement to run for mayor. Nutter also says Street's nominating petitions are rife with forgeries.

Street's chances of winning are slim to none, so why bother? But Nutter likely doesn't want the distraction of having to debate the colorful and outspoken brother of former Mayor John F. Street. Nor would Nutter want the embarrassment of losing any votes to Street.

While any substantive debate about the city's future would be healthy, the court's ruling on Street is unlikely to impact the outcome of the mayoral primary.

The more important legal battles involve the court challenges facing Council members Frank Rizzo and Marian Tasco, and City Commission Chairwoman Marge Tartaglione.

The lawsuits seek to have all three removed from the ballot because of their having signed up for the controversial Deferred Retirement Option Plan, known as DROP. While it is perfectly legal to sign up for DROP, by doing so city workers seem to be signing an irrevocable agreement to retire after receiving a lump sum.

But some elected officials, including Tartaglione, have used an apparent loophole by retiring for one day at the end of an elected term, collecting their six-figure DROP checks, and then returning to work at the start of a new four-year term.

Two city solicitors have filed opinions declaring such a maneuver legal. But at the very least, it violates the spirit of the law creating DROP.

Councilwoman Joan Krajewski pulled this move four years ago, as did Tartaglione. Fortunately, Krajewski is retiring this year. But Tartaglione is running for reelection. Voters should remember her abuse of the DROP agreement and find a new commissioner.

Register of Wills Ron Donatucci is also seeking reelection, despite signing up for DROP four years ago. He expects to receive a DROP check of $368,000 at the end of the year. Donatucci - who has run the register's office since 1980, and is paid $117,991 - also has a law practice and a real estate business on the side.

Two candidates are challenging Donatucci in the primary. The Inquirer won't endorse any candidate who is signed up for DROP.

If the courts fail to dump the candidates who want to DROP for a day, then voters should.