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HomeMy WebLinkAbout89-517 KomacekMr. Richard A. Komacek Box 102 LaBelle, PA 15450 STATE ETHICS COMMISSION 308 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 ADVICE OF COUNSEL March 20, 1989 (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 89 -517 Re: Candidate, Tax Collector, Partial Use of Compensation for a Scholarship Fund, Campaign Pledge Dear Mr. Komacek: This responds to your letter of February 2, 1989, in which your requested advice from the State Ethics Commission. Issue: You ask whether the State Ethics Act presents any restrictions or prohibitions upon a candidate for the office of tax collector from campaigning for office by pledging a portion of the earnings to establish a scholarship fund. Facts: You state that you are considering becoming a candidate for the position of tax collector in your township. You note that many citizens of the township are either unemployed or underemployed and that you wish to establish a scholarship fund from your earnings as tax collector if you are elected. You then inquiry as to whether it would be permissible to campaign for office by pledging a portion of your earnings to establish a scholarship fund and request advice as to whether such a campaign statement would be allowable under the Ethics Act. Discussion: As a candidate for office you would be subject to the provisions of Section 4(b) of the Ethics Act: Section 4. Statement of financial interests required to be filed. Mr. Richard A. Komacek March 20, 1989 Page 2 unless the petition includes an affidavit that the candidate has filed the required statement of financial interests with the commission. 65 P.S. S404(b). Under the above provision of law, it is necessary that you file a Statement of Financial Interests both with the State Ethics Commission and locally prior to filing the nominating petition. In addition, Section 3(b) of the Ethics Act which applies to all individuals provides: Section 3(b) of the Ethics Act provides: (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 Taalieri, Order 487, this Commission considered a complaint against a candidate for public office who promised to pledge $1,000.00 annually to the local political committee provided she would be endorsed and elected. No violation was found under Section 3(b) both because the offer was made to members of a political committee who were not public officials and secondly, because the solicitation of the endorsement was not based upon a understanding that her vote, official action or judgement would be influenced thereby. However, this Commission did find the action so "highly questionable" that the matter was referred to the appropriate law enforcement authorities. In the instant matter, Section 3(b) would not preclude you from campaigning on a pledge of establishing a scholarship fund from a portion of your compensation as tax collector. In your situation, there does not appear to be any understanding between you as a candidate for office and any other identifiable individual as prescribed in Section 3(b), supra. Therefore, the Ethics Act would not preclude you from using all or a portion of Mr. Richard A. Komacek March 20, 1989 Page 3 your earnings as tax collector for a scholarship fund. As to your question concerning whether your pledge would be an allowable campaign statement under the campaign or any other laws other than the Ethics Act, that question may not be addressed since it is beyond the scope of the Ethics Act. The propriety of the proposed conduct has only been addressed under the Ethics Act; the applicability of any other statute, code, ordinance, regulation or other code of conduct other than the Ethics Act has not been considered in that they do not involve an interpretation of the Ethics Act. Conclusion: As a candidate for the position of tax collector, you are required by Section 4(b) of the Ethics Act to file a Statement of Financial Interests prior to filing your nominating petition. The Ethics Act would not preclude you from campaigning for office by pledging a portion of your compensation as tax collector for a scholarship fund. Lastly, the propriety of the proposed conduct has only been addressed under the Ethics Act. 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. such. This letter is a public record and will be made available as 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 52.12. Sincerely, Vincent J. Dopko, General Counsel