Councilman David Oh's credibility and ethics again under fire

When David Oh was scolded for falsely claiming to be a Green Beret during his 2011 Philadelphia City Council campaign, he called it a semantic slipup, saying he violated military "rules and traditions" he was "not aware of."

Nearly four years to the day later, as the councilman runs for reelection, Oh has again pleaded ignorance, this time to the city's campaign finance laws. After the city's ethics board last week rapped Oh for orchestrating an illegal campaign contribution, Oh said he misunderstood the law and thought the move was aboveboard.

His opponents are pouncing nonetheless.

He "always has excuses and a whole strategy of 'I didn't know,' " said Al Taubenberger, a Republican who lost to Oh by 203 votes in 2011 and is running again this year. "There's deceit here. He's not being genuine. Duplicitous is maybe the proper word."

Oh and five others are vying in the November election for the two at-large Council seats reserved for minority parties. The race, which typically garners low interest and turnout, is somewhat unusual this year with the addition of Andrew Stober, a former member of Mayor Nutter's administration, who is making a run as an independent.

Before last week's Ethics Board agreement, Oh already was on shaky ground with some in the city's Republican Party who view him as too in step with the Democrats on Council.

The party didn't endorse Oh or Councilman Dennis O'Brien. When asked Friday about Oh's actions, State Rep. John Taylor, chair of the city's GOP, said he was "disappointed to see anybody in our party violate any code of ethics."

"We're quick to point out when Democrats do it," he added. "And it's certainly a problem if our own members of our party do it."

Oh is under fire for a set of donations made in 2014 and 2015 by John Lee.

According to the Ethics Board, Lee offered to give Oh $20,000 for his reelection bid, far above the $2,900 annual campaign contribution limit.

Oh didn't turn Lee away. Instead, the councilman sent a text message mapping out a complex path for how the donation could be made.

In it, Oh showed an understanding of campaign limits, pointing out the $2,900 cap to Lee. And his first direction - that Lee and his wife each write $2,500 checks in 2014 and 2015 - followed that rule.

Oh then suggested another $5,000 could be given by Lee's in-laws, saying "that would be a total of $15,000."

Finally, he told Lee to give $5,000 (or $10,000 if the in-laws couldn't make a contribution) to the political committee for Dave Henderson, a former candidate for state representative. While the check would be made out to Henderson, Oh told Lee to either mail the check directly to Oh, or hold onto it and Oh would have someone come pick it up.

That $10,000 donation - which Lee ultimately made, and Henderson in turn donated to Oh's campaign - is blatantly illegal, according to the Ethics Board.

Under an agreement with the board, Oh will pay a $2,000 fine and give $4,600 of the contribution to the city.

In his defense, Oh said that when he realized the move was illegal, he immediately returned the money to Henderson. He said the mistake was an accident, and claimed that kind of pass-through donation once was legal under the city's campaign laws.

That's not the case, according to the head of the Ethics Board, who said what Oh did has always been illegal.

The agreement spurred questions about whether Oh could face further scrutiny for violating state election law.

The Philadelphia District Attorney's Office said the matter had not been referred to it, and it had not taken up an investigation independently. The Pennsylvania Attorney General's Office said it could not confirm or deny ongoing investigations, but noted that it has limited jurisdiction and often requires a formal request from a district attorney to investigate.

Adam Bonin, a lawyer who specializes in campaign finance law, said charges could be warranted. Specifically, he said, Oh could be charged with conspiring to break the state's campaign finance law, which says individuals can donate only their own money - not someone else's - to a candidate.

While Taubenberger said he didn't buy Oh's explanation, others vying for Oh's seats were more cautious, but still critical.

"For me, it's a big deal because it's just another way in which he is out of touch with the values of Philadelphia voters," said Stober, stressing that Mayor Nutter was elected on a platform of increased government accountability.

Candidate Terry Tracy said Oh should have known better, pointing out that the councilman is a lawyer, yet said, "People make mistakes." His issue, he said, is the councilman's apparent lack of remorse.

"I've seen some of the other folks in the race say this is about his character and morals," Tracy said. "That's for the voters to decide. But at the very least, I think his poor judgment would initiate a series of questions the voters ought to ask themselves."

If history is any indication, voters may give Oh a pass.

Campaign finance infractions are complicated and hard to communicate to voters. And Mark Nevins, a local political consultant, said it's unlikely, though not impossible, that any of Oh's challengers will have the resources to make this a major issue in voters' minds.

"This situation is like gasoline," Nevins said. "But someone needs to apply a match to start it up."

John,

Great talking to you. Thanks for your help and support!

For Philadelphia Council races, an individual is limited to $2,900 per year. A joint account of two adults is limited to $5,800. Corporate checks are prohibited so it must be a personal or partnership check.

Your personal check should be made payable to "Citizens for David Oh." I can send someone to pick it up at your office or you can mail it to David Oh, 5813 Thomas Ave., Philadelphia, PA 19143.

If you and your wife can contribute $5,000 this year and again in January 2015, that would be a big help at $10,000. In addition, if your parents-in-law are able to contribute $5,000 in 2014, as a couple, that would be a total of $15,000.

Finally, please write a check to "Committee to Elect Dave Henderson" in the amount of $5,000. Mail it to me or bring it to your office and I'll have someone pick it up. The total would be $20,000.

If your parents-in-law are not able to contribute $5,000, then please write the check to "Committee to Elect Dave Henderson" in the amount of $10,000.

Thanks very much!

David

215-854-2730

@TriciaNadolny