Sending signals: Gov.-elect Tom Wolf bans gifts, limits no-bid legal work

Gov.-elect Tom Wolf this week announced an ethics policy for transition-team advisers that includes an absolute gift ban, and said he would curb the practice of giving no-bid contracts to private law firms when he takes office.

Both moves were in line with the Democrat's campaign promises and signalled that his incoming administration aimed to depart from Harrisburg business as usual.

Those working on the transition will have to sign a "Code of Ethical Conduct" in which they pledge to disclose any real or potential conflicts of interest and avoid anything that might give off an appearance of impropriety. They would also agree not to solicit or accept gifts, including loans or offers of goods and services.

Wolf also plans to sign an executive order on his first day in office banning appointees and all executive branch employees from accepting any gifts, spokesman Jeff Sheridan said.

"It's called the 'just say no, thank you' rule," Sheridan said.

State law allows officials to accept gifts worth $250 or less without reporting them - or more expensive gifts as long as they are disclosed. The disclosure threshold is $650 for hospitality, travel, and lodging.

Gov. Corbett also had a gift ban for officials working on his transition after his 2010 election. Once in office, he weathered criticism for having accepted and disclosed legal gifts worth more than $28,000 - including tickets to sporting events and a free yachting vacation.

Katie McGinty, announced Monday as the incoming chief of staff for Wolf's new administration, was the first to sign the new ethics pledge. A former state environmental secretary, McGinty was one of three Democrats Wolf defeated in the spring primary and went on to head his Fresh Start political action committee.

Wolf promised during his campaign that he would ban what he called "crony contracts" with outside law firms.

State legal work going to outside firms, including those that help finance governors' campaigns, is an unofficial tradition that dates back to Democratic Gov. Ed Rendell and beyond. In late 2013, The Inquirer reported the Corbett administration had spent $6.4 million since 2012 on outside counsel for unsuccessful efforts to privatize the state lottery and sue the NCAA for sanctions against Pennsylvania State University, as well as to defend the state's controversial voter ID law and its ban on same-sex marriage, both of which courts later invalidated.

When Wolf takes over, Sheridan said, hiring of outside lawyers won't be banned outright, but his administration's Office of General Counsel would have to provide a written explanation of why the state's stable of more than 500 in-house lawyers can't handle a matter.

Requests for proposals, contracts, and fee payments will be posted online, and any fees paid to outside lawyers will be capped at a level the Wolf team has not yet specified.

Wolf has said he planned to have a list of competitively bid, preapproved firms for emergency cases requiring specialized legal expertise.

The ethics pledge his transition team must sign says violators could face consequences up to and including dismissal.

Excerpts of the pledge his transition team members must sign:

"I, ________, hereby agree to serve as a member of the Transition Team of the Governor-Elect of the Commonwealth of Pennsylvania. In so doing, I agree that a democracy requires those who serve it to be impartial and beholden to the people. I further agree that decisions affecting governance be made in a manner as to instill the public with confidence in the integrity of their government. In furtherance of that goal, I agree to maintain the highest ethical standards in fulfilling my role as a participant in the Transition Team. I further represent and warrant as follows:

"I have disclosed to the Transition Team any potential or actual conflicts of interest relating to my service as a participant on the Transition Team. I understand that a conflict of interest would include any perceived conflict of interest or even the appearance of impropriety. Furthermore, I agree . . . that I will promptly notify the transition team should a conflict arise or is reasonably anticipated.

"I will not use my position with the Governor-Elect's Transition Team for personal gain . . ..

"I will not solicit or accept a gift, loan of money, goods, services or other things of value for the benefit of any person or organization, other than the Commonwealth of Pennsylvania, which could influence the manner in which I perform my duties.

"I agree . . . not to disclose any information provided to me in the course of the transition process and to consult with the appropriate Transition Team executives in the event I receive any requests to disclose such information to a third party, regardless of whether said information has been specifically determined to be confidential.

"I further acknowledge that my service on the transition team is a solemn duty, and that a failure to comport myself with the obligations hereto set forth, will result in appropriate action by the transition team, including but not limited to my dismissal."

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