HomeMy WebLinkAbout13-1001 TROY
OPINION OF THE COMMISSION
Before: John J. Bolger, Chair
Raquel K. Bergen
Nicholas A. Colafella
Mark Volk
Mark R. Corrigan
Roger Nick
DATE DECIDED: 1/28/13
DATE MAILED: 1/31/13
Dennis H. Troy
3822 Brownsville Road
Pittsburgh, PA 15227
13-1001
Dear Mr. Troy:
This Opinion is issued in response to your advisory request letter dated November
2, 2012.
I. ISSUE:
Pursuant to Pennsylvania’s lobbying disclosure law (“Lobbying Disclosure Law”), 65
Pa.C.S. § 13A01 et seq., whether a registered lobbyist would be permitted to run for the
office of borough mayor.
II. FACTUAL BASIS FOR DETERMINATION:
As a registered lobbyist in Pennsylvania, you seek an advisory from this
Commission under the Lobbying Disclosure Law. You ask whether the Lobbying
Disclosure Law would permit you to run in the 2013 primary election for the office of Mayor
of Brentwood Borough (“Borough”), located in Allegheny County, Pennsylvania.
By letter dated December 20, 2012, you were notified of the date, time and location
of the public meeting at which your request would be considered.
III. DISCUSSION:
It is initially noted that pursuant to Section 13A08(a) of the Lobbying Disclosure
Law, 65 Pa.C.S. § 13A08(a), in conjunction with Sections 1107(10) and 1107(11) of the
Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. §§ 1107(10), (11),
advisories are issued to the requester based upon the facts that the requester has
Troy, 13-1001
January 31, 2013
Page 2
submitted. In issuing the advisory based upon the facts that the requester has submitted,
this Commission does not engage in an 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.
As a registered lobbyist in Pennsylvania, you are subject to the prohibitions,
restrictions, and requirements imposed upon lobbyists by the Lobbying Disclosure Law.
Section 13A07 of the Lobbying Disclosure Law, 65 Pa.C.S. § 13A07, prohibits
certain activities. The prohibited activities listed in Section 13A07 of the Lobbying
Disclosure Law involve: (1) service by a lobbyist as an officer of a candidate’s political
committee or a candidate’s political action committee where the candidate is seeking a
statewide office or the office of state legislator; (2) fee restrictions where all or a portion of
a lobbyist’s fee would be converted into a contribution to a candidate or political committee
subject to reporting under the Pennsylvania Election Code; (3) falsification in the course of
lobbying; (4) conflicts of interest in the course of lobbying; (5) “contingent compensation”
arrangements; and (6) ten categories of “unlawful acts.” See, 65 Pa.C.S. § 13A07(a)-(f).
The Lobbying Disclosure Law does not contain any prohibition against a lobbyist seeking
or holding municipal office.
Therefore, you are advised that the Lobbying Disclosure Law would not prohibit you
from running in the 2013 primary election for the office of Borough Mayor.
The request for an advisory has only been addressed under the Lobbying
Disclosure Law and, derivatively, the Ethics Act to the extent applicable.
IV. CONCLUSION:
As a registered lobbyist in Pennsylvania, you are subject to the prohibitions,
restrictions, and requirements imposed upon lobbyists by Pennsylvania’s lobbying
disclosure law (“Lobbying Disclosure Law”), 65 Pa.C.S. § 13A01 et seq. The Lobbying
Disclosure Law would not prohibit you from running in the 2013 primary election for the
office of Mayor of Brentwood Borough, located in Allegheny County, Pennsylvania.
Pursuant to Section 13A08(a) of the Lobbying Disclosure Law, 65 Pa.C.S. §
13A08(a), a requester who truthfully discloses all material facts in a request for an advisory
and who acts in good faith based upon a written Opinion of this Commission issued to the
The
requester shall not be held liable for a violation of the Lobbying Disclosure Law.
protection afforded for reliance upon this Opinion will remain in effect until such
time as any regulation, statutory enactment, or ruling precludes further reliance
upon this Opinion.
This letter is a public record and will be made available as such.
By the Commission,
John J. Bolger
Chair