HomeMy WebLinkAbout85-532 Zagari.-John J. Zagari, Esquire
Seewald, Swartz, Weiss & Zagari
1929 McKees Rocks Road
McKees Rocks, PA 15136
Dear Mr. Zagari:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
P.O. BOX 11470
HARRISBURG, PA 1 71 08 -1 470
TELEPHONE (717) 783 -1610
April 11, 1985
ADVICE OF COUNSEL
85 -532
__ _ Re: Candidacy for Public Office, Township Emloyment, Conflict of Interests
This responds to your request for advice from the State Ethics Commission
dated March 28, 1985.
Issue: Whether you may run for the office of township commissioner at the
same time that you serve as township solicitor.
Facts: You indicate that you are currently serving as a township solicitor
for Kennedy Township, Pennsylvania. You also are on the ballot for the office
of township commissioner for the same township. You inquire as to whether
there are any prohibitions placed upon you under the State Ethics Act.
Discussion: Initially, it should be noted that the State Ethics Act governs
the conduct of public officials and public employees. As a part -time
municipal solicitor you are not within the definition of these terms as
judicially interpreted. See Ballou v. State Ethics Commission, 496 Pa. 127
(1981); Snelbaker v. State Ethics Commission, 70 Pa. Cmwlth. 529, (1982).
However, because you have requested the advice of the Commission in this
matter, 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 township as solicitor and a person's candidacy for township
commissioner. 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.
Additionally, this response does not address the question of whether any
conflict results from simultaneously serving in the aforementioned positions.
Such questions may be answered, if necessary, as they arise.
Mr. John J. Zagari
April 11, 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
requi red statement of financial interests wi th 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 solicitor, to benefit your campaign for
township commissioner. You may not, within this requirement, use personnel,
facilities, etc., of the office of solicitor or other township facilities or
funds to enhance, conduct, or support your campaign. See Cessar, 82 -002 and
McClatchey, 82- 130 -C, Sacavage, 83 -514.
Mr. John J. Zagari
April 11, 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 township
solicitor as described above. However, the cautions and directives 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 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.
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 /sfb
Si ncerely,
John J ontino
Ge ral Counsel