HomeMy WebLinkAbout85-512 BartonMs. Mary Louise Barton, Esquire
Courthouse
50 North Duke Street
Lancaster, PA 17602
STATE ETHICS COMMISSION
308 FINANCE BUILDING
P.O. BOX 11470
HARRISBURG, PA 17108 -1470
TELEPHONE (717) 783 -1610
February 7, 1985
ADVICE OF COUNSEL
85 -512
Re: Candidacy for Public Office, County Employment, Conflict of Interests
Dear Ms. Barton:
This responds to your request for advice from the State Ethics Commission
dated January 30, 1985.
Issue: Whether you may run for the office of Township Commissioner at the
same time that you serve as an Assistant District Attorney.
Facts: You have indicated that you are currently employed as an Assistant
District Attorney in Lancaster County. You are also considering seeking
election to the office of Township Commissioner. You have asked if there
would be any conflict of interest, under the State Ethics Act, if you seek the
Township office at the same time that you are employed by the County.
Discussion: For the purpose of this advice it will be assumed that you are a
public employee as that term is defined in the Ethics Act and thus, subject to
the provisions of the Act. The Ethics Act does not contain any prohibition
against the simultaneous service to a county and a person's candidacy for
Township office. This advice however, does not address any inherent
incompatibility of such activity under any other code, statute or
administratively imposed requirement. This response is limited to the
question as presented under the provisions of the State Ethics Act.
Ms. Mary Louise Barton, Esq.
February 7, 1985
Page 2
Of course, all candidates for public office must observe the requirements
of the Ethics Act insofar as they are contained in Section 3(b) of the Ethics
Act:
Section 3. Restricted activities.
(b) No person shall offer or give to a public official or
public employee or candidate for public office or a member
of his immediate family or a business with which he is
associated, and no public official or public employee or
candidate for public office shall solicit or accept,
anything of value, including a gift, loan, political
contribution, reward, or promise of future employment
based on any understanding that the vote, official action,
or judgment of the public official or public employee or
candidate for public office would be influenced thereby.
65 P.S. 403(b).
In addition, any candidate for public office must comply with the
requirements of Section 4(b) of the Ethics Act which provides as follows:
Section 4. Statement of financial interests required to be filed.
(b) Each candidate for public office shall file a
statement of financial interests for the preceding
calendar year with the commission prior to filing a
petition to appear on the ballot for election as a public
official. A petition to appear on the ballot shall not be
accepted by an election official unless the petition
includes an affidavit that the candidate has filed the
required statement of financial interests with the
commission. 65 P.S. 404(b).
Finally, you should be cautioned that no public official or public
employee may use his public office to obtain financial gain other than the
compensation provided by law. As such, under this provision of the Ethics
Act, Section 3(a), 65 P.S. 403(a), as well as under Section 403(b) supra., you
may not use your current position, as an Assistant District Attorney to
benefit your campaign for Township office. You may not, within this
requirement, use personnel, facilities, etc., of the office of the Lancaster
County District Attorney to inhance, conduct, or support your campaign. See
Cessar, 82 -002 and McClatchey, 82- 130 -C.
Ms. Mary Louise Barton, Esq.
February 6, 1985
Page 3
Conclusion: The Ethics Act does not contain any per se prohibition against
your candidacy for office and your simultaneous service as a county employee
as described above. However, the cautions and di rlct ives outlined above
should be observed.
Pursuant to Section 7(9)(ii), this Advice is a complete defense in any
enforcement proceeding initiated by the Commission, and eviice of good faith
conduct in any other civil or criminal proceeding, providing t "r,e requestor has
disclosed truthfully all the material facts and committed tha L.c;s complained
of in reliance on the Advice given.
This letter is a public record and All be made availab"ie as such
Finally, if you disagree with this Advice or if you have any ru to
challenge same, you may req!Pest that the full Commission raiiew this Advicz. A
personal appearance before the Commission will be scheduled c a forxel
Opinion from the Commission will be issued,: Any such appeal mint be made, in
writing, to the Commission with in 15 days of service of this Advice pursuant
to 51 Pa. Code
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General Counsel