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HomeMy WebLinkAbout08-594 ClearyJoan Cleary District 6 Representative Office of the County Council 119 Courthouse 436 Grant Street Pittsburgh, PA 15219 Dear Ms. Cleary: ADVICE OF COUNSEL November 10, 2008 08 -594 This responds to your letter of October 1, 2008, by which you requested an advisory from the Pennsylvania State Ethics Commission. Issue: Whether the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa. .S. § 1101 et seq., would require a county council member to file a particular form /document when disclosing on her Statement of Financial Interests her receipt of a television set in a raffle in September 2008, and during what timeframe would the county council member be required to file such form /document. Facts: As an Allegheny County ( "County ") Council Member, you request an advisory from the Pennsylvania State Ethics Commission based upon the following submitted facts. On September 15, 2008, you attended a golf outing and participated in a raffle in which you received a 32 -inch LCD television set. You state that the approximate value of the television set is such that you are required to disclose your receipt of the television set on your "financial interest statement" (hereinafter referred to as "Statement of Financial Interests "). Based upon the above submitted facts, you pose the following two specific questions: (1) whether a particular form /document would be the appropriate means to disclose on your Statement of Financial Interests your receipt of a television set in a raffle in September 2008; and (2) during what timeframe you would be required to file such form /document. Discussion: It is initially noted that pursuant to Sections 1107(10) and 1107(11) of the Ethics Act, 65 Pa.C.S. §§ 1107(10), (11), advisories are issued to the requester based upon the facts that the requester has submitted. In issuing the advisory based upon the facts that the requester has submitted, the Commission does not engage in an Cleary, 08 -594 November 10, 2008 Page 2 independent investigation of the facts, nor does it speculate as to facts that have not been submitted. It is the burden of the requester to truthfully disclose all of the material facts relevant to the inquiry. 65 Pa.C.S. §§ 1107(10), (11). An advisory only affords a defense to the extent the requester has truthfully disclosed all of the material facts. It is further initially noted that your advisory request has posed two specific questions pertaining to the filing of your Statement of Financial Interests pursuant to the Ethics Act, and this advisory is limited in scope to addressing those two specific questions. As a County Council Member, you are a public official subject to the provisions of the Ethics Act, including the requirements for filing Statements of Financial Interests. Cf., Puppio, Advice 06 -585. Section 1104(a) of the Ethics Act provides as follows: § 1104. Statement of financial interests required to be filed (a) Public official or public employee. - -Each public official of the Commonwealth shall file a statement of financial interests for the preceding calendar year with the commission no later than May 1 of each year that he holds such a position and of the year after he leaves such a position. Each public employee and public official of the Commonwealth shall file a statement of financial interests for the preceding calendar year with the department, agency, body or bureau in which he is employed or to which he is appointed or elected no later than May 1 of each year that he holds such a position and of the year after he leaves such a position. Any other public employee or public official shall file a statement of financial interests with the governing authority of the political subdivision by which he is employed or within which he is appointed or elected no later than May 1 of each year that he holds such a position and of the year after he leaves such a position. Persons who are full -time or part -time solicitors for political subdivisions are required to file under this section. 65 Pa.C.S. § 1104(a). Section 1105(a) of the Ethics Act provides as follows: § 1105. Statement of financial interests (a) Form. - -The statement of financial interests filed pursuant to this chapter shall be on a form prescribed by the commission. All information requested on the statement shall be provided to the best of the knowledge, information and belief of the person required to file and shall be signed under oath or equivalent affirmation. 65 Pa.C.S. § 1105(a). Section 19.1(a) of the Regulations of the State Ethics Commission, pertaining to the Statement of Financial Interests form promulgated by the Commission, provides as follows: Cleary, 08 -594 November 10, 2008 Page 3 § 19.1. Forms; filing. (a) Public officials, public employes and candidates shall file Form SEC -1, as published and revised by the Commission. 51 Pa. Code § 19.1(a). Section 19.2 of the Regulations of the State Ethics Commission provides as follows: § 19.2 Period covered. The Statement of Financial Interests requires information for the full calendar year immediately preceding the year in which the Statement of Financial Interests is filed. 51 Pa. Code § 19.2. In applying the above provisions of the Ethics Act and Regulations of the State Ethics Commission to your two specific questions, you are advised as follows. As a County Council Member, you would be required to file a Statement of Financial Interests, Form SEC -1, for calendar year 2008 by no later than May 1, 2009. To the extent the Ethics Act would require that you disclose on your Statement of Financial Interests your receipt of a television set from a raffle in September 2008, the proper method for doing so would be to disclose such on your Statement of Financial Interests for calendar year 2008. Your questions have only been addressed under the Ethics Act and Regulations of the State Ethics Commission. Specifically not addressed herein is the applicability of the Allegheny County Home Rule Charter. Conclusion: As an Allegheny County ( "County ") Council Member, you are a public official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act "), 65 Pa.C.S. § 1101 et seq., including the requirements for filing Statements of Financial Interests pursuant to the Ethics Act. As a County Council Member, you would be required to file a Statement of Financial Interests, Form SEC -1, for calendar year 2008 by no later than May 1, 2009. To the extent the Ethics Act would require that you disclose on your Statement of Financial Interests your receipt of a television set from a raffle in September 2008, the proper method for doing so would be to disclose such on your Statement of Financial Interests for calendar year 2008. Lastly, your questions have only been addressed under the Ethics Act and Regulations of the State Ethics Commission. Specifically not addressed herein is the applicability of the Allegheny County Home Rule Charter. Pursuant to Section 1107(11) of the Ethics Act, an Advice is a complete defense in any enforcement proceeding initiated by the Commission, and evidence of good faith conduct in any other civil or criminal proceeding, provided the requester has disclosed truthfully all the material facts and committed the acts complained of in reliance on the Advice given. This letter is a public record and will be made available as such. Finally, if you disagree with this Advice or if you have any reason to challenge same, you may appeal the Advice to the full Commission. A personal appearance before the Commission will be scheduled and a formal Opinion will be issued by the Commission. Cleary, 08 -594 November 10, 2008 Page 4 Any such appeal must be in writing and must be actually received at the Commission within thirty (30) days of the date of this Advice pursuant to 51 Pa. Code § 13.2(h). The appeal may be received at the Commission by hand delivery, United States mail, delivery service, or by FAX transmission (717 - 787 - 0806). Failure to file such an appeal at the Commission within thirty (30) days may result in the dismissal of the appeal. Sincerely, Robin M. Hittie Chief Counsel