Lawsuit Filed by Desiree Peterkin Bell

TUCKER LAW GROUP, LLC
Joe H. Tucker, Jr. (56617)

Jesse C. Klaproth (312761)
One Penn Center at Suburban Station
1617 JFK Blvd., Suite 1700
Philadelphia, PA 19103
(215) 875-0609
jtucker@tlgattorneys.com
jklaproth@tlgattorneys.com
DESIREE PETERKIN BELL
777 South Broad Street
Philadelphia, Pennsylvania 19147
Plaintiff,
v.
ALAN BUTKOVITZ
1118 Unruh Avenue
and
ASHLEY DEL BIANCO
1905 Fitzwater Street
Philadelphia, Pennsylvania 19146,
Defendants.
ATTORNEYS FOR PLAINTIFF

Filed and
Attested by the
Office of Judicial Records
24 AUG 2016 03:23 pm
M. BRYANT
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COURT OF COMMON PLEAS

PHILADELPHIA COUNTY
AUGUST TERM, 2016
No.___________________
CIVIL ACTION COMPLAINT NOTICE TO DEFEND

2L LIBEL & SLANDER
NOTICE
AVISO
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that if you fail to do so the case may demandas en contra de su persona.
proceed without you and a judgment Sea a visado que si usted no se
Case ID: 160803265
may be entered against you by the

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PRELMINARY STATEMENT
He knows nothing; and he thinks he knows everything. That points
clearly to a political career.
-George Bernard Shaw
On August 16, 2016, Desiree Peterkin Bell became collateral damage in a petty
attempt to be relevant by a hyper-ambitious politician who hopes to one day aspire for
political relevance. Based on nothing more than made up lies spewed by a vindictive
woman (Ashley Del Bianco) seeking to tear down her former co-worker, Alan Butkovitz
decided to use his office as a bully pulpit to destroy Ms. Peterkin Bells unblemished
reputation of public service with the transparent belief that it would embarrass Mayor
Case ID: 160803265
Nutter, and catapult him back into the spotlight that has long ignored him and that he so
desperately craves.
Butkovitz and Del Bianco will attempt to cower behind their political offices and
scream immunity after throwing bombs that have improperly assassinated Ms.
Peterkin Bells character. McCarthyist-tactics like calling press conferences to publicly
accuse, indict, try, and judge Ms. Peterkin Bell in the press, however, have nothing to
do with Butkovitzs job as the Controller or Del Biancos job as Executive Director of the
Mayors Fund of Philadelphia. Consequently, City taxpayer dollars should not be
wasted defending Butkovitz and Del Bianco in this lawsuit, which stems solely from their
conduct and statements made in their individual capacities; they should be required to
use their own money to defend their slander. Butkovitz and Del Bianco must be called
to task for such calumny or holding political office will equal a right to assassinate the
character of any private citizen with impunity. Their cries of immunity for their
defamatory statements should fall on deaf ears because of their conduct.
PARTIES AND VENUE
1.
Plaintiff Desiree Peterkin Bell (Ms. Peterkin Bell) is an adult individual
with an address at 777 South Broad Street, Philadelphia, Pennsylvania 19147.

2.
Defendant Alan Butkovitz is an adult individual with an address at 1118
Unruh Avenue, Philadelphia, Pennsylvania 19111.

3.
Defendant Ashley Del Bianco is an adult individual with an address at
1905 Fitzwater Street, Philadelphia, Pennsylvania 19146.
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FACTS COMMON TO ALL COUNTS

Desiree Peterkin Bell
4.
Ms. Peterkin Bell is a Deans Award recipient, 5-time NCAA All American
in Track and Field, a graduate of Swarthmore College with a special major in Political
Science and Education. Ms. Peterkin Bell also earned a Masters Degree in Public
Administration from Baruch College in New York with highest honors through the
National Urban Fellows Program. Ms. Peterkin Bell has worked in and around
government for over 22 years.
5.
Ms. Peterkin Bell is not a home-grown, Philadelphia politico who received
jobs because of political patronage and favors; she has served mayoral administrations
in Indianapolis, Newark, and New York City because she is a talented, hardworking
professional, without a whiff of corruption or taint on her reputation.
6.
From 2002-2006, Ms. Peterkin Bell served in the administration of Michael
R. Bloomberg, where she represented the Administration before the 51-City Council
members and most notably helped to negotiate and shepherd three historic pieces of
legislation through to final passage and public law: the New York City Smoke Free Air
Act of 2002, Tort Reform and the Film Tax Credit.
7.
Ms. Peterkin Bell continued to serve in the Bloomberg administration from
2004-2006, as Vice President of Government Affairs for the citys marketing

development corporation, NYC Marketing. Ms. Peterkin Bell developed and
implemented strategies and platforms, defining and leveraging NYC as a brand to
secure multi-million dollar sponsorships for the city with General Motors, Universal
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Studios, Country Music Awards, The Latin Grammys, and negotiated media barters
with cities including London, Amsterdam, and Dusseldorf, Germany.
8.
In 2006, Ms. Peterkin Bell left the Bloomberg Administration to serve as
the Director of Communications for Mayor Cory A. Booker in Newark, New Jersey.
9.
In that role, Ms. Peterkin Bell built an award-winning twenty-first century,
multi-platform communications network for Newark where one did not previously exist.
10.
In 2009, the New Jersey League of Municipalities recognized her
leadership and named the citys Office of Communications as the Best City Office of
Communications in New Jersey. Ms. Peterkin Bell is credited with building the social
media strategy that launched the City of Newark and its then new Mayor, Cory A.
Booker.
11.
In 2010, Ms. Peterkin Bell was recruited by Mayor Michael A. Nutter to
come to Philadelphia to serve as the Director of Communications and Strategic

Partnership in his Administration.
12.
As Director of Communications she was responsible for creating and
leading local, regional, national and international traditional and non-traditional media
strategies for the City of Philadelphia and Mayor Michael A. Nutter. She crafted the
first-ever social media policy for the City of Philadelphia and built an award winning
online presence for the City, getting the City of Philadelphia recognized and highlighted
in various national magazines including but not limited to: Esquire, The Economist and
Governing Magazine.
13.
In 2012, Ms. Peterkin Bell briefly left the Nutter Administration to serve as
Senior Advisor for Communications for Obama for America Pennsylvania. Ms.
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Peterkin Bell led the development and execution of a statewide communications

strategy for Pennsylvania. The communication strategy implemented and executed by
Ms. Peterkin Bell and her staff helped President Obama win Pennsylvania and his
second term in office.
14.
After the 2012 election, Ms. Peterkin Bell returned to the Nutter
Administration as Director of Communications and Strategy but, because of her proven

success, she also assumed the post of City Representative, receiving only one salary
for two appointed positions.
15.
During the final four years of Mayor Nutters Administration, Ms. Peterkin
Bell, inter alia, helped gain recognition for the City of Philadelphia as designated World
Festival and Event City for excellence in event management through successful
production of major, grand-scale events including Wawa Welcome America with the
Roots and the GORE-TEX Philadelphia Marathon.
16.
Ms. Peterkin Bell advised and produced major public and local ceremonial
events including: Made In America Concert; World Meeting of Families 2015; and the
hosting of Pope Francis Mass on the Benjamin Franklin Parkway, which was the largest
event ever hosted by any North American city.
17.
Ms. Peterkin Bell also served as the lead in drafting and negotiating the
City of Philadelphias successful Democratic National Convention bid.

18.
It cannot be disputed that during her time in the Nutter Administration,
Philadelphia received unprecedented nationwide exposure as an international city able

to host huge events, which is due in no small part to Ms. Peterkin Bells expertise,
commitment and communications strategy.
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19.
This fact is undeniable. The City of Philadelphia stands in a better place
because of her tenure with the Citys administration.

20.
Ironically, it was the most successful event in this Citys history hosting
Pope Francis for which Ms. Peterkin Bell has been falsely accused by a do-nothing
bomb thrower (Butkovitz) and a vindictive, jealous former co-worker (Del Bianco) of
criminal misconduct. Nothing could be further from the truth and it is those accusations
that form the basis of her suit against Butkovitz and Del Bianco.
The Mayors Fund for Philadelphia
21.
The Mayors Fund for Philadelphia (the Fund) grew out of the Council
for Progress, which was started in 1979 as a way to assist the City in raising money,
preparing and planning for large scale special events. See
http://www.mayorsfundphila.org/about/our-history/ (last accessed August 24, 2016).
22.
After becoming a 501(c)(3) in 1982, the Council changed its name to the
Fund for Philadelphia in 1984 under Mayor Wilson Goode, and the City
Representative became the chair. (Id.)
23.
In 2012, Mayor Michael Nutter revamped the Fund, naming a new
executive director and board and changed the name to the Mayors Fund for
Philadelphia. (Id.)
24.
Under Mayor Nutter, the Fund focused on fundraising through public-
private partnerships and supported major events. (Id.)

25.
One source of revenue for the Fund has been the reserves account from
the annual Philadelphia Marathon.
Case ID: 160803265
26.
The revenue from the 2014 Philadelphia Marathon vastly exceeded
previous Marathons due to Ms. Peterkin Bell securing GORE-TEX as a sponsor of the
event.
27.
Notably, since Ms. Peterkin Bells departure, GORE-TEX has NOT
renewed its sponsorship.

28.
Due to the increase in revenue, the Marathon Reserves Account also
increased. The Reserves Account was created long before Ms. Peterkin Bell
assumed her role as Chair of the Fund, but was always used in alignment with the
Mayors priorities and goals.
29.
The Reserves Account was not set up to function in the same manner as
the Marathon Grants Account. This was not a decision made by Ms. Peterkin Bell this
was the way the Reserves Account functioned at the time Ms. Peterkin Bell became
City Representative.
30.
To make an expenditure out of the Reserves Account did not require the
Boards approval the expenditure need simply meet one of the Mayors five priorities
and goals, which were:
31.
(1)
Education and Health
(2)
Environment & Sustainability
(3)
Government Efficiency & Effectiveness
(4)
Place of Choice
(5)
Public Safety
Ms. Peterkin Bell did not establish the Mayors five priorities and goals.
Case ID: 160803265
32.
The procedure for utilizing the Reserves Account is to meet the Mayors
five priorities and goals and then inform the Executive Director of the Fund (who since
February 2015 has been Del Bianco), which is the same process followed for the other
50-plus City Department accounts.
33.
The City Representative, who also serves as Chairperson of the Fund,
has no ability to cut checks or financially mange the Fund; all of that is performed by Del
Bianco and her staff, who are responsible for managing all of the 50-plus City
Department Accounts.
Del Bianco and Butkovitz Set up a Sham Investigation
34.
After having been appointed as Executive Director of the Fund by Mayor
Michael Nutter, Defendant Ashley Del Bianco became concerned that she may lose her
job with the change in administrations.
35.
After the election and in an attempt to ingratiate herself and retain her job,
Del Bianco began making unauthorized disclosures without Board knowledge or

approval. Ms. Peterkin Bell cautioned Ms. Del Bianco that her disclosures and
meetings were inappropriate.
36.
Del Bianco took this as an affront to her authority.
37.
Del Bianco apparently figured that the best way to keep her job was to
appear to be a whistleblower and call attention to government waste.

38.
Del Biancos target became the very expenditures that she herself had
approved and cut checks for. Of course, there was nothing inappropriate about these
expenditures or Del Bianco would not have approved the expenditures and would have
raised this as an issue before the funds were spent.
Case ID: 160803265
39.
Ironically, Del Bianco was blowing the whistle on herself.
40.
Butkovitz used Del Biancos request to set up a sham investigation into
the Funds expenditures with Del Biancos request for review of procedures as the
purported rationale for Butkovitz to investigate. By making this request, Del Bianco was
insuring her job security because if fired, she could claim she was retaliated against for
whistleblowing.
41.
Butkovitzs investigation was purportedly initiated after Del Bianco
expressed concerns that some of the Marathon Reserves funds may not have been
spent appropriately. (See Executive Summary, attached as Exhibit 1.)
42.
Ms. Bianco purposely chose to make her inquiry about waste long after
she had authorized and signed checks for the putative waste.
43.
The Office of the Controllers investigation consisted of making inquiries
of key personnel and observ[ing] how transactions were processed to gain an

understanding of policies and control activities. (See Procedures Performed and
Results of Testing at p.6, attached as Exhibit 2.)
44.
Remarkably, this investigation did not inquire with either Mayor Nutter or
Ms. Peterkin Bell.

45.
Butkovitzs investigation specifically limited itself and set its own
parameters to meet its desired objective.

46.
Butkovitzs Deputy City Controller reported on June 8, 2016:

We were not engaged to and did not conduct an
examination, the objective of which would be the
expression of an opinion on the Schedule of Marathon
Reserves Spending. Accordingly, we do not express such
an opinion. Had we performed additional procedures, other
matters might have come to our attention that would have
10
Case ID: 160803265
been reported to you. This report is intended solely for

the information and use of the Mayors Fund for
Philadelphia management, and is not intended to be and
should not be used by anyone other than these
specified parties.
(Independent Accountants Report on Applying Agreed-Upon Procedures, dated June 8,
2016, attached as Exhibit 3 (emphasis added).)
47.
Despite these clear parameters, Butkovitz used this sham investigation
to call a press conference and to give his baseless opinion about its results, which was,
according to his own Deputy Controller, outside the scope of the Controllers
investigation.
48.
Consequently, the statements made at Butkovitzs press conference are
not subject to immunity.

The August 16, 2016 Press Conference
49.
On August 16, 2016, Butkovitz called a press conference to discuss his
purported investigation into the use of the Fund by Ms. Peterkin Bell during 2014 and
2015.
50.
Despite the clear caveats his office gave about the use of their report on
their investigation, Butkovitz violated each of those warnings by using the sham
investigation he conjured up with Del Bianco to call a press conference to try to
embarrass and malign Mayor Nutter and in turn defame Ms. Peterkin Bell.
51.
Prior to this press conference, Butkovitz had not spoken to either Ms.
Peterkin Bell or Mayor Nutter to inquire about the use of the Fund during this time
period.
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At the press conference, Butkovitz put up media visuals1; one which was
52.
entitled Raiding the Reserves showing what he deemed to be Questionable

Spending.
53.
The seven expenditures Butkovitz highlighted during the press conference
were:
54.
$51,931 (September 15, 2015 to October 3, 2015) Courtyard Marriot
$45, 519 (June 2015) Trip to Rome
$35,000 My Brothers Keeper
$10,000 San Francisco Travel Foundation
$2,868 Trips to San Francisco and Portland
$704 (June 2015) Uber Charges
$80 Macys for purchase of womans shoes

Had Butkovitz actually intended to investigate, he could have asked Ms.
Peterkin Bell or Mayor Nutter about any of these expenditures and they would have told
him that ever single expenditure from the Marathon Reserves Account satisfied one of
the Mayors five priorities and goals.
55.
One would think that the person to ask about this would be the former
Mayor or even the current mayor since one of these expenditures (My Brothers Keeper)
was for the benefit of the new administration, but Butkovitz did neither because he was
not concerned with the truth, he wanted to score political points.
The fact that the posters displayed during the press conference are referred to as media visuals when
downloaded from the Office of the Controllers website underscores that this was all a dog and pony
media show designed to embarrass Mayor Nutter, elevate Butkovitz and defame Ms. Peterkin Bell as
collateral damage.
12
Case ID: 160803265
56.
The point of the press conference was not to further the sham
investigation nor was it to call attention to the misuse of public funds Butkovitz
himself admitted there was no evidence of criminal misconduct it was a political stunt.
And this stunt was not part of Butkovitzs job as Controller, it was designed to make him
look like he was fighting corruption to further his own political ambitions.
57.
Butkovitz, however, took his political stunt too far. Butkovitz turned the
press conference into his private kangaroo court where he made false and defamatory
statements about Ms. Peterkin Bell.
58.
Butkovitz accused Ms. Peterkin Bell of using the Fund to buy shoes at
Macys, implying that it was for her own personal use: I find it absolutely intolerable
the former chairperson used this account to purchase shoes.2
59.
Butkovitz also stepped outside of the parameters set by his own office and
concluded, without factual support, that [i]t was clear the former chairperson
substantially circumvented all policies and approvals.
60.
This is a blatant falsehood and not supported by his offices own
investigation because the Reserves Account did not function the same way the
Marathon Grant account functioned. This was not something created by Ms. Peterkin
Bell, this was the way the Fund operated. In fact, there are a number of such reserve
accounts operated by different board members that function in the very same way. Of
course, those accounts were not questioned or scrutinized.
61.
Fueled by his own pomposity and wrongly believing that his office would
immunize him from a suit for defamation, Butkovitz took his grand-standing a step
2
If he had cared to inquire, Butkovitz would have learned that the shoes were not purchased for Ms.
Peterkin Bell but for a participant in the Philadelphia Collection, an event designed to promote
Philadelphia as an ideal place to live and work. See infra.
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further and stated:
It appears the former chairperson
[Ms. Peterkin Bell] used the account as if it were

a special slush fund.
62.
Merriam-Webster defines slush fund as an amount of money that is kept
secretly for illegal or dishonest purposes.

63.
Butkovitz admitted the falsity of his statement later in his press conference
by stating There was NO evidence of criminal wrongdoing. Lattanzio, Vince former

Bashes Philadelphia Controller over Slush Fund Probe, Calling Him a Liar, Snake,
Sick., NBC 10, available at http://www.nbcphiladelphia.com/news/local/Former-MayorNutter-Bashes-Philadelphia-Controller-Over-Slush-Fund-Probe-390362831.html (last
accessed August 24, 2016).
64.
Butkovitz further defamed Ms. Peterkin Bell by making the knowingly false
statement that [t]he funding was only approved by Peterkin Bell. Id. Butkovitz
also took to Twitter like a pre-teen to broadcast his slander to his audience of just over
2,000 Twitter followers stating A non-profit status is not a blank check to do anything w/
the money and no documentation and also linked to his radio interview in which he
continued to make slanderous statements.
65.
Butkovitzs Twitter lies and radio interviews are not part of his official
duties as Controller; these are personal musings arising out of ego and personal
ambition.
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Case ID: 160803265
66.
In the Report put together after the sham investigation, it states that
Checks written in the amount of $5,000 or more require two signatures including the
Mayors Fund executive director and the board treasurer. The Executive Director was
Del Bianco the person who signed the checks for the expenditures that Butkovitz
disingenuously cited as Raiding the Reserves.
67.
Moreover, of the expenditures cited by Butkovitz, the only one that was
solely attributable to Ms. Peterkin Bell was the $80 charge for shoes at Macys. That
charge was made to Ms. Peterkin Bells credit card3 connected to the Fund in support of
the The Philadelphia Collection, a series of fashion and style events that the City uses
to highlight retailers, designers, and models, which takes place throughout the year, but
culminates over the course of one week. The expenditure was for a pair of shoes for a
participant in The Philadelphia Collection. This expenditure satisfied the Mayors goal of
Place of Choice, i.e. marketing Philadelphia through cultural events as an ideal place
to live and work.
68.
Further, to the extent the charge did not meet that goal (it did), Ms.
Peterkin Bell did not circumvent the policies and proposals of the Fund because the
charge still had to be approved by Del Bianco, which it was.
69.
The accusation that Ms. Peterkin Bell circumvented the policies and
procedures of the Fund is laughable as it is Del Biancos job as Executive Director to

authorize such expenditures. The idea that Del Bianco could approve an expenditure
and turn around and say the procedure for authorizing that same expenditure was not
followed is demonstrably false.
3
Ms. Peterkin Bell was only one of the individuals (Del Bianoc had one) with a credit card linked to the
Fund; a fact which was known to both Butkovitz and Del Bianco, which further underscores their actual
malice.
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Case ID: 160803265
70.
In addition, to making up this entire story either for attention or to try to
protect her job by appearing to blow the whistle, Del Bianco falsely stated that the
spending she authorized wasnt appropriate in support of the mayors policies and
procedures. Id. This was a knowingly false statement because it was Del Bianco who
approved the expenditures and cut the checks or paid the credit card bills.
71.
Del Biancos statement is defamatory on its face as it is suggestive that
Ms. Peterkin Bell committed a crime, stole money and/or was otherwise dishonest in her
job.
72.
In addition, Mayor Nutter has stated emphatically that the expenditures
supported his policies, so Del Biancos statement that the expenditures were not
appropriate is false, defamatory, and designed to portray Ms. Peterkin Bell in a false
light and to disparage her personal and professional reputation.
73.
So, why would Del Bianco, the person in charge of signing the checks for
these expenditures, raise this as an issue after she had signed the checks after the new
administration took over? Because she is trying to appear as if she is blowing the
whistle to give herself an insurance policy in the event the new administration is looking
to clean house. As a purported whistleblower, she can sue for retaliation if she loses
her job down the road. By complaining of what would essentially be her own
wrongdoing, Del Bianco is trying to make it impossible for the new administration to fire
her.
74.
Del Bianco could have gone to the Finance Director to whom she reported
(and was also a member of the Funds Board) to discuss these matters of purported
concern. Del Bianco could have also addressed her concerns with the Chief Integrity
16
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Officer, a position solely created by Mayor Nutter to increase faith in government and
transparency. Del Bianco could have also gone to the Inspector General the office of
an independent investigatory arm of city government. And, if Del Bianco was
uncomfortable about raising these issues with those individuals (for whatever reason)
but she continued to have genuine questions and concerns, as she now claims, she, as
the Executive Director, could have brought all of the purportedly questioned
expenditures (which she had approved and paid) to the attention of the Funds Board.
Butkovitz Apparently Has a History of Antagonism Towards Former Mayor Nutter
and Defamed Ms. Peterkin Bell to Advance His Petty Battle
75.
At some point Butkovitz decided that the best way for him to garner
publicity was to attack and criticize former Mayor Nutter and one of his top aides.
76.
In 2013, during his re-election campaign, Butkovitz gratuitously criticized
Mayor Nutter in the press for missing a gas bill. Butkovitz released a report that same
year criticizing the Citys security cameras and Mayor Nutters handling of reforms to the
Sherriffs office.
77.
In 2015, Butkovitz criticized Mayor Nutter after the building collapse at
22nd and Market, leading to Mayor Nutter commenting that:

The controller seems to desperately seek public
attention and relevance in any number of ways, [w]ere
not going to get distracted by that kind of nonsense or
ego or narcissistic personality disorder that seems to
compel the need for constant public attention.
78.
A month before Mayor Nutter left office, Butkovitz accused the former
Mayor of stubbornness for Mayor Nutters brownout policy for the Philadelphia Fire
Department.
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79.
With Mayor Nutter out of office, Butkovitz can call press conferences like
the one on August 16th and misuse his public office to criticize the former Mayor and to
defame individuals like Ms. Peterkin Bell, who is nothing more than collateral damage
from his defamatory bombs.
80.
Butkovitzs extracurricular smear campaigns bear no relation to his job or
his responsibilities as Controller.

81.
Butkovitz and Del Biancos defamation served its point, as multiple
publications and the news media picked up Butkovitzs comments about Ms. Peterkin
Bell, running headlines like City Controller: Nutter Aide Used Nonprofit Like a Slush
Fund. See Maria McGeary, City Controller: Nutter Aide Used Nonprofit Like a Slush
Fund, PHILA. MAG., August 16, 2016, available online at
http://www.phillymag.com/citified/2016/08/16/alan-butkovitz-michael-nutter-slush-fund/
(last accessed August 24, 2016). Or Philly Official Likens Ex-Mayors Nonprofit to
Slush Fund. See Philly Official Likens Ex-Mayors Nonprofit to Slush Fund, CHRONICLE
OF PHILANTHROPY,
August 17, 2016, available online at
https://www.philanthropy.com/article/Philly-Official-Likens/237488?cid=cpfd_home (last
accessed August 24, 2016).
82.
The slander was so widely reported that Runners World picked up the
story. See Christopher Michel, Marathon Revenue Used as Slush Fund, Report Says,
RUNNERS W ORLD, August 16, 2016, available online at
http://www.runnersworld.com/general-interest/marathon-revenue-used-as-slush-fundreport-says (last accessed August 24, 2016).
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Case ID: 160803265
COUNT I
(DEFAMATION)
83.
Ms. Peterkin Bell incorporates each and every allegation set forth above
as though fully set forth at length.

84.
Defendants respective misstatements, accusations, innuendos, and
mischaracterizations identified herein above were false and made by Defendants with
knowledge of their falsity or with a reckless disregard for their truth or falsity.
85.
mischaracterizations identified herein were made to various news outlets with the intent
to broadcast and publicize those misstatements to the widest possible audience to
maximize the harm to Ms. Peterkin Bells reputation.
86.
mischaracterizations identified herein were widely published and circulated among and
read by Ms. Peterkin Bells family, clients, neighbors, colleagues, friends, and
prospective clients.
87.
mischaracterizations identified herein ascribe to Ms. Peterkin Bell certain conduct and
character that adversely affects her business, trade and profession.
88.
mischaracterizations identified herein been brought Ms. Peterkin Bell into scandal and
reproach, and she has been held up to odium, scorn and contempt among her
neighbors, business acquaintances, and other good citizens, and is suspected by them
to have been guilty of some type of crime, fraudulent practice, self-dealing, impropriety,
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Case ID: 160803265
and ethical violations. As a result Ms. Peterkin Bell has suffered in her business, her
personal and professional reputation, her feelings and peace of mind, all to her great
financial loss and damage.
89.
Defendants each acted with actual malice in making the statements about
Ms. Peterkin Bell identified herein, which were false and were made with knowledge of
their falsity and/or with reckless disregard of their truth or falsity.
90.
The statements identified herein do not constitute opinion, or hyperbole.
91.
The statements identified herein caused great harm to the reputation of
Ms. Peterkin Bell and lowered her in the estimation of the community, humiliated her,
and caused her to suffer mental anguish.
92.
As a proximate cause of Defendants malicious, intentional, and/or
reckless conduct set forth above, Ms. Peterkin Bell is entitled to damages that will
compensate her for the injury to her professional and personal reputation, for her
emotional distress, and punitive damages to punish Defendants for their conduct and to
deter such conduct in the future.
93.
Ms. Peterkin Bell seeks compensatory and punitive damages as a result
of the Defendants deliberate, reckless and outrageous conduct set forth above.
Ms. Peterkin Bell also seeks a public apology from Defendants.
WHEREFORE, it is respectfully requested that this Honorable Court grant
judgment in favor of Plaintiff Desiree Peterkin Bell in an amount substantially in excess
of the jurisdictional limit of $50,000, compensatory and punitive damages, delay
damages, attorneys fees, costs and interest, together with any further relief which this
Court deems just and appropriate under the circumstances.
20
Case ID: 160803265
COUNT II
(FALSE LIGHT)
94.

95.
knowledge of their falsity or with a reckless disregard for their truth or falsity.
96.
97.
98.
99.
Any reasonable person would find the statements made by Defendants
about Ms. Peterkin Bell to be highly offensive.

100.
mischaracterizations identified herein have brought Ms. Peterkin Bell into scandal and
21
Case ID: 160803265
101.
102.
103.
104.
emotional distress, and punitive damages to punish Defendants for their conduct and to
deter such conduct in the future.
105.
Ms. Peterkin Bell seeks compensatory and punitive damages as a result
of the Defendants deliberate, reckless and outrageous conduct set forth above.
Ms. Peterkin Bell also seeks a public apology from Defendants.
WHEREFORE, it is respectfully requested that this Honorable Court grant
judgment in favor of Plaintiff Desiree Peterkin Bell in an amount substantially in excess
of the jurisdictional limit of $50,000, compensatory and punitive damages, delay
22
Case ID: 160803265
damages, attorneys fees, costs and interest, together with any further relief which this
Court deems just and appropriate under the circumstances.
Count III
(Injurious Falsehood or Disparagement)
106.

107.
knowledge of their falsity or were made without a basis for knowledge or belief as to
whether they were true or false.
108.
109.
110.
111.
mischaracterizations identified herein were motivated by ill will toward Ms. Peterkin Bell
23
Case ID: 160803265
and/or with the intent to interfere with Ms. Peterkin Bells personal and professional
interests and relationships.
112.
mischaracterizations were made with the knowledge that the statements would result in
financial harm to Ms. Peterkin Bell.
113.
mischaracterizations identified herein been brought Ms. Peterkin Bell into scandal and
114.
115.
116.
117.
24
Case ID: 160803265
Case ID: 160803265
August 24, 2016
Case ID: 160803265
Exhibit 1
Case ID: 160803265
MAYORS FUND FOR PHILADELPHIA

INDEPENDENT ACCOUNTANTS REPORT ON
APPLYING AGREED-UPON PROCEDURES
EXECUTIVE SUMMARY
Why the Controllers Office Conducted the Engagement
The Office of the Controller (Controllers Office) conducted this AgreedUpon-Procedures engagement at the request of the executive director of
the Mayors Fund for Philadelphia (Mayors Fund) to assist in evaluating
the propriety of Marathon Reserves expenses incurred during 2014 and
2015. According to the director, these expenses were funded by fees of the Philadelphia Marathon, and the decision
to segregate them from other expenses of the Mayors Fund occurred during 2014 under the previous mayoral
administration. The executive director had concerns that some of the Marathon Reserves funds may not have been
spent appropriately and asked that we (1) gain an understanding of the policies and control activities adopted by the
Mayors Fund over grant awards and ascertain whether these same policies and control activities were followed for
the Marathon Reserves expenses; and (2) observe if the Marathon Reserves expenses were adequately supported,
authorized, and in accordance with the Mayors Fund goals and objectives.
What the Controllers Office Found
Based solely on the agreed-upon-procedures performed for 66 percent of the expenses ($393,000 out of $593,000
for 2014 and 2015), the Controllers Office found that during 2015 the chairperson of the Mayors Fund under the
prior mayoral administration substantially circumvented all the policies and control activities that had been designed
and adopted for the fund. In short, the former board chair operated autonomously and was allowed almost exclusive
discretion for awarding grants and incurring expenses charged to the account. Some of the more significant findings
involving Marathon Reserves spending included:
Only five of the 21 selected expense amounts reviewed appeared to be grant related, as required. Of these
five apparent grants, which totaled $147,000, only three were supported by the necessary grant application.
All but one expense, a non-grant payment of $10,000 to the Office of Sustainability, were approved
exclusively by the chairperson, instead of by the Board of Directors.
Expenses frequently had very little supporting documentation or explanation as to their nature and purpose.
One example included: charges totaling nearly $52,000 for an unnamed individual or group of individuals
stay at the Philadelphia Marriott Courtyard from September 15, 2015 to October 3, 2015.
It frequently appeared that the former chairperson used the Marathon Reserves to fund celebration events
instead of making grant awards. For example, we observed $45,000 paid to various vendors for the Mayors
annual tree lighting ceremony, and over $19,000 to a dining service vendor in 2015.
What the Controllers Office Recommends
The Controllers Office has developed recommendations to address the above findings. These recommendations can
be found in the body of the report.
Case ID: 160803265
Exhibit 2
Case ID: 160803265
Procedures Performed and Results of Testing

Policies and
Control
Activities
1. Procedure Performed
The Controllers Office (1) made inquiries of key personnel and observed how
transactions were processed to gain an understanding of policies and control
activities adopted by the Mayors Fund for grant award and disbursements; (2)
ascertained, through inquiries and observations, whether these same policies
and control activities had been implemented for expenses funded with
Marathon Reserves; and (3) compared the policies and control activities
against best practices to offer recommendations for observed deficiencies.
Inquiries we made included:
How does one apply for a grant?

What documents are required for submission of a grant request?
How are grantees determined?
What basis is used to evaluate grantee applications?
Who authorizes grant awards?
Are there limitations on the number and amounts of awards made
each year?
How are grant awards and other disbursements processed?
What documentation is required to disburse funds?
Who must authorize disbursements?
Key personnel to whom we spoke included the Mayors Fund executive

director, deputy director, and fund finance manager. As part of our inquiries,
we observed a small sample of transactions funded with Marathon Grant
monies (seven) to validate our understanding of the procedures in place for
these disbursements.
1.1 Finding
For grants paid with Marathon Reserves allotted funds, the former board chair
substantially circumvented all the policies and procedures that had been
designed and adopted by the Mayors Fund for grants funded with Marathon
Grant monies. We observed, for instance, that grant applications, if they
existed, were neither evaluated nor recommended to the Board of Directors by
the grant committee. Moreover, grant awards were not submitted to the board
for approval. Likewise, the former board chair evaded proper authorizations
and documentation requirements for other types of disbursements funded with
Marathon Reserves. In short, the former board chair operated autonomously
and was allowed almost exclusive discretion for awarding grants and incurring
expenses with these funds.
1.2 Finding
No support existed that documented the decision to create the Marathon
6|Page
Case ID: 160803265
Exhibit 3
Case ID: 160803265
INDEPENDENT ACCOUNTANTS REPORT ON

APPLYING AGREED-UPON PROCEDURES
To the Executive Director of the Mayors Fund for Philadelphia,
We have performed the procedures enumerated in the Procedures Performed and Results of Testing section
of this report. These procedures, which were agreed to by the Mayors Fund for Philadelphia management,
were applied solely to assist you in evaluating the accompanying Schedule of Marathon Reserves Spending
for the two-year period ending December 31, 2015.
Mayors Fund for Philadelphia management is responsible for the Schedule of Marathon Reserves Spending.
This agreed-upon procedures engagement was conducted in accordance with attestation standards established
by the American Institute of Certified Public Accountants. The sufficiency of these procedures is solely the
responsibility of those parties specified in this report. Consequently, we make no representation regarding the
sufficiency of the procedures included in the Procedures Performed and Results of Testing section of this
report, either for the purpose for which this report has been requested or for any other purpose.
The procedures performed and our findings are discussed in the accompanying Procedures Performed and
Results of Testing section of this report.
We were not engaged to and did not conduct an examination, the objective of which would be the expression
of an opinion on the Schedule of Marathon Reserves Spending. Accordingly, we do not express such an
opinion. Had we performed additional procedures, other matters might have come to our attention that would
have been reported to you.
This report is intended solely for the information and use of the Mayors Fund for Philadelphia management,
and is not intended to be and should not be used by anyone other than these specified parties.
GERALD V. MICCIULLA, CPA

Deputy City Controller
Philadelphia, Pennsylvania
June 8, 2016
5|Page
Case ID: 160803265

Lawsuit Filed by Desiree Peterkin Bell

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TUCKER LAW GROUP, LLC

Joe H. Tucker, Jr. (56617)

ATTORNEYS FOR PLAINTIFF

COURT OF COMMON PLEAS

CIVIL ACTION COMPLAINT NOTICE TO DEFEND

Case ID: 160803265

may be entered against you by the

defiende, la corte tomara medidas y

You should take this paper to your

Lleva esta demanda a un abogado

Philadelphia Bar Association

Case ID: 160803265

Plaintiff Desiree Peterkin Bell (Ms. Peterkin Bell) is an adult individual

with an address at 777 South Broad Street, Philadelphia, Pennsylvania 19147.

Defendant Alan Butkovitz is an adult individual with an address at 1118

Unruh Avenue, Philadelphia, Pennsylvania 19111.

Defendant Ashley Del Bianco is an adult individual with an address at

1905 Fitzwater Street, Philadelphia, Pennsylvania 19146.

Case ID: 160803265

FACTS COMMON TO ALL COUNTS

Ms. Peterkin Bell is not a home-grown, Philadelphia politico who received

From 2002-2006, Ms. Peterkin Bell served in the administration of Michael

Ms. Peterkin Bell continued to serve in the Bloomberg administration from

2004-2006, as Vice President of Government Affairs for the citys marketing

Case ID: 160803265

In 2006, Ms. Peterkin Bell left the Bloomberg Administration to serve as

In that role, Ms. Peterkin Bell built an award-winning twenty-first century,

In 2009, the New Jersey League of Municipalities recognized her

In 2010, Ms. Peterkin Bell was recruited by Mayor Michael A. Nutter to

come to Philadelphia to serve as the Director of Communications and Strategic

As Director of Communications she was responsible for creating and

Case ID: 160803265

Peterkin Bell led the development and execution of a statewide communications

Administration as Director of Communications and Strategy but, because of her proven

City of Philadelphias successful Democratic National Convention bid.

It cannot be disputed that during her time in the Nutter Administration,

Philadelphia received unprecedented nationwide exposure as an international city able

Case ID: 160803265

This fact is undeniable. The City of Philadelphia stands in a better place

because of her tenure with the Citys administration.

In 2012, Mayor Michael Nutter revamped the Fund, naming a new

Under Mayor Nutter, the Fund focused on fundraising through public-

private partnerships and supported major events. (Id.)

the annual Philadelphia Marathon.

Case ID: 160803265

The revenue from the 2014 Philadelphia Marathon vastly exceeded

Notably, since Ms. Peterkin Bells departure, GORE-TEX has NOT

renewed its sponsorship.

Due to the increase in revenue, the Marathon Reserves Account also

Education and Health

Environment & Sustainability

Government Efficiency & Effectiveness

Case ID: 160803265

The City Representative, who also serves as Chairperson of the Fund,

After having been appointed as Executive Director of the Fund by Mayor

Del Bianco began making unauthorized disclosures without Board knowledge or

Del Bianco took this as an affront to her authority.

appear to be a whistleblower and call attention to government waste.

Case ID: 160803265

Ironically, Del Bianco was blowing the whistle on herself.

Butkovitz used Del Biancos request to set up a sham investigation into

Butkovitzs investigation was purportedly initiated after Del Bianco

The Office of the Controllers investigation consisted of making inquiries