Philadelphia’s Acting City Controller Christy Brady is suing the city over the ‘resign to run’ rule

Acting City Controller Christy Brady is suing the city to settle the legal debate over whether Brady must resign before she begins campaigning in the upcoming special election for her office.

The controller is an independently elected official who audits city spending and investigates fraud, waste, and abuse. Last year, Rebecca Rhynhart resigned in the middle of her second four-year term as controller to run in this year’s mayoral election, where she is competing in a crowded field for the Democratic nomination.

Mayor Jim Kenney then tapped Brady, a three-decade veteran of the office and one of Rhynhart’s deputies, to serve as acting controller. Rhynhart’s resignation also triggered a special election that will take place concurrently with this year’s municipal elections. The winner will serve out the remainder of Rhynhart’s term, which ends in January 2026.

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The Philadelphia Home Rule Charter’s “resign to run” rule requires city employees to step down from their posts if they wish to seek elected office, with the exception of officials who are seeking reelection.

“No officer or employee of the City, except elected officers running for re-election, shall be a candidate for nomination or election to any public office unless the officer or employee shall have first resigned from the officer’s or the employee’s then office or employment,” the charter reads.

Brady’s suit makes it clearer than ever that she plans to run in the special election, saying she “now wishes to announce her candidacy.”

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That puts her in a legal gray area as someone who wants to run for the office they currently hold but has never stood for election. Her suit pointed to a city solicitor’s opinion and legal ruling that allowed Acting Mayor James H.J. Tate to campaign for a full term after he was elevated to the office following the 1962 resignation of Richardson Dilworth.

Brady did not respond to a request for comment.

Her suit names as defendants the city Law Department, Board of Ethics, Kenney, Council President Darrell L. Clarke, and other officials, and asks for a ruling that would prohibit the defendants from forcing her to resign if she announces her candidacy.

A Kenney spokesperson declined to comment, saying the city is still reviewing the suit.

Staff writer Ryan W. Briggs contributed reporting.