Pittsburgh ethics board fines Darlene Harris, Leon Ford alleging campaign violations

The Pittsburgh Ethics Hearing Board is seeking court approval to levy fines against Councilwoman Darlene Harris and former council candidate Leon Ford, alleging they violated a campaign finance reporting ordinance during the spring primary.

Board members in September fined Harris, 66, of Spring Hill $4,150 and Ford, 26, of Larimer $137, alleging they failed to file campaign finance reports, according to documents filed in the Allegheny County Court of Common Pleas.

The board has opted not to pursue past violations of this ordinance in court but decided to move ahead with these violations. Members are asking the court order Harris and Ford to pay the fines.

The ordinance requires candidates for city elected positions to file financial disclosure reports with the board by the first business day in each of the three months prior to an election.

Harris contends the ordinance is unconstitutional and unenforceable and has refused to file the paperwork during her last two election cycles. She failed to file reports for 83 days during her 2019 primary campaign, according to court documents. The board fined Harris for not filing a report between March 1 and her hearing date before the board on May 22, the day after the spring primary.

Ford, an activist who was paralyzed after being shot by Pittsburgh police in 2012, could not be reached for comment. The board alleges he failed to comply with the ordinance for 11 days prior to dropping out of a Democratic primary race for a District 9 council seat in the city’s East End.

Harris, who has represented the North Side’s District 1 since 2006 and lost her seat to Bobby Wilson in the primary, declined comment and referred questions to Downtown attorney Jim Burn.

“We think the whole process is inherently unfair, illegal and unconstitutional and this type of arbitrary fine supports our contention,” Burn said. “State law prevails here, and we’re asserting the preemption doctrine.”

Burn said the ordinance is preempted by a state law that requires political candidates to file campaign finance reports with their respective counties. Harris consistently files with Allegheny County, he said.

Leanne Davis, the ethics board’s executive manager, said the Pennsylvania Supreme Court in 2007 upheld Philadelphia’s right to enforce a similar campaign ordinance.

“The Pennsylvania Supreme Court has already examined the issue of preemption and found that the campaign finance law enacted by a local municipality is constitutional and, therefore, is enforceable,” Davis said.

This is the second time Harris has run afoul of the ordinance. In 2017, the board fined her $1,000 after she refused to file reports during her unsuccessful campaign for mayor. Davis said the board has opted not to pursue the fine in court.

The ordinance permits the board to fine violators $50 per day. Members decided to fine Ford 25% of the $550 he would have owed. Davis said the board felt that it was appropriate to reduce Ford’s fine but did not say why. They determined that Harris should be fined the full amount for 83 days.