HomeMy WebLinkAbout85-506 HoherchakMr. Peter P. Hoherchak, Sheriff
of Carbon County
Jim Thorpe, PA 18229
Dear Sheriff Hoherchak:
! r Li 1,4
Re: County- Provided Car, Official Use
January 14, 1985
ADVICE OF COUNSEL
85-506
This responds to your letter of December 26, 1984 in which you requested
advice from the State Ethics Commission.
Issue: You ask whether the Ethics Act is implicated or violated if you accept
and use a county - provided car in your capacity as Sheriff on business of the
Sheriff's Office.
Facts: You currently serve as the Sheriff of Carbon County, hereinafter the
County. The County is a Six Class County. You have recently received and
reviewed the opinion of the Commission issued in Huff, 84 -015 relating to the
use of County - provided cars by the County Commissioners in a County of the
Fifth Class.
In your capacity as Sheriff of the County you are assigned a County -Owned
vehicle for your use as Sheriff. The vehicle is solely used for County
business, icluding the business of commuting to and from your residence to the
court house on week days. In addition, while the car is kept at
residence on weekends because you are on twenty -four (24) hour call you do not
indicate, and we will assume, that the car is not used during any of these
periods for personal use that is Non- County purposes. We recognize as you
indicate that there are occassions when you perform your duties as Sheriff
during non - business hours and therefore, that you use the County -Owned
and provided vehicle for this purpose. However, we emphasize that for
purposes of this response we are assuming that this car is provided to you and
used by you only for County business not withstanding the fact that that car
may be used during non - business hours for such purposes. Further, we assume,
Mr. Peter Hoherchak
January 14, 1985
Page 2
that because this vehicle is a County -Owned vehicle the cost associated with
your use of this car will be subject to review by the County officials charged
with such functions and further, that you, as Sheriff, have no role in the
financial decisions relating to the purchase of this vehicle or the provision
of this vehicle to your offices or yourself for your use.
Discussion: As Sheriff of the County, you are of course, a "public official"
as that term is defined in the State Ethics Act. As such, your conduct must
conform to the requirements of the State Ethics Act. Initially we must note
that we appreciate your concern regarding this situation particularly in light
of our opinion issued in Huff, supra. However, in Huff, we were dealing with
a situation which is substantially different from that in which you are
operating. Specifically, in Huff, we dealt with a County Commissioner who was
to be provided with a County paid for car that he would be able to use on both
County and non - County business and for which no accounting of non - County
business usage need be made. Under these circumstances the Commissions
opinion was that this County Commissioner should not use the County - provided
car for non - County matters without a proper accounting system or method for
reimburseing the County for such usage.
In your situation the facts are substantially different. Specifically,
you are being provided with this County -owned car solely for the purposes of
performing your job as Sheriff and the car will be used, according to your
statements and our assumptions here, only for such purposes. We do not here,
as we did not in Huff, dispute the Counties ability to legally decide to
provide an auto to certain workers in order to have those workers or officials
undertake County business and perform their County - related functions. Thus,
while a County could properly provide a Commissioner with a telephone credit
card, for example, to undertake or to enhance his performance of official
business we have found that the use of such a credit card by the
Commissioner's wife or son without reimbursement to the County violated
Section 3(a) of the Ethics Act. See Willard, No. 289. Thus, under these
circumstances there is no restriction under the Ethics Act for the County to
provide you with and for you to use this car on County - related business.
Conclusion: Based upon the assumptions made and the facts stated above
there is no prohibition under the Ethics Act against your acceptance and use
of this County- provided car.
Pursuant to Section 7(9)(ii), this 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, providing the requestor has
disclosed truthfully all the material facts and committed the acts complained
of in reliance on the Advice given.
Mr. Peter Hoherchak
January 14, 1985
Page 3
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 request that the full Commission review this Advice. A
personal appearance before the Commission will be scheduled and a formal
Opinion from the Commission will be issued. Any such appeal must be made, in
writing, to the Commission within 15 days of service of this Advice pursuant
to 51 Pa. Code 2.12.
JJC /sfd
Sincer,.,
John J. Contino
General Counsel