What is the Philly Board of Ethics and why did it sue a super PAC backing Jeff Brown for mayor?

The Philadelphia Board of Ethics on Monday sued a super PAC and a nonprofit supporting Jeff Brown’s Democratic primary bid for mayor.

The board accused Brown and the two entities, which are both called For A Better Philadelphia, of illegally coordinating fundraising efforts that brought in more than $2.4 million.

The board called that coordination a violation of the city’s campaign finance limits.

Philadelphia City Council passed legislation that became law in 2004, creating limits on how much money individuals and political action committees can contribute to candidates seeking local offices in the city.

Those limits do not apply to campaigns for state office, like representative or senator in the Pennsylvania General Assembly. Federal elections for Congress or the presidency have their own set limits.

The local limits, originally set to $2,500 for individuals and $10,000 for PACs, were first applied in a primary election for mayor in 2007. That came after a legal challenge. A Philadelphia Common Pleas Court judge rejected the limits in late 2006 but the state Commonwealth Court reinstated them just six weeks before the 2007 primary. The state Supreme Court later affirmed that ruling.

The limits have increased over time and were set to be $3,100 for individuals and $12,600 for PACs this year. But the campaign finance law has a “millionaire’s provision” that doubles the limits when a self-funding candidate gives their campaign $250,000 or more. Former Councilmember Alan Domb triggered that provision in January, doubling the limits to $6,200 and $25,000. Domb has, as of the end of March, now given $7 million to his campaign. Brown has given his campaign $1 million as of the end of March.

Yes. A 2010 U.S. Supreme Court ruling allows political action committees to raise and spend unlimited amounts of money for independent expenditures to influence elections as long as they don’t coordinate with candidates or campaigns.

These are now known as super PACs, and these types of committees have raised and spent more than the candidates running for mayor in 2015 and 2019.

Under certain circumstances, super PACs can raise money from nonprofits that don’t have to disclose the names of their donors, creating a source of so-called “dark money” with mysterious origins.

The Philadelphia Board of Ethics, in its current configuration, was established in 2006 after voters approved an amendment to the Philadelphia Home Rule Charter. The city has had a Board of Ethics in one form or another, with more limited authority, since 1962. The current board is an independent agency with five members appointed to five-year terms by the mayor and approved by City Council.

The board looks into potential violations of campaign finance law based on complaints, referrals from other agencies, or by initiating investigations itself.

The board’s staff conducts investigations and releases the results, usually accompanied by a fine or other penalty for the candidate or political action committee that drew scrutiny. Those results typically come months or even longer after the election has ended. It is unusual for the board to take public action before an election.

A judge on Monday issued a temporary injunction, prohibiting the super PAC and nonprofit from spending money to influence the May 16 primary for mayor, at least until another hearing on the issue is held in two weeks. The board is seeking a $162,000 fine for the super PAC and nonprofit, which would be a record penalty for the agency if that amount is approved.