Loading...
HomeMy WebLinkAbout84-514 DunhamRobert Brett Dunham c/o Office of Representative W. 0 "Donnell 120 Main Capitol Harrisburg, PA 17120 Mailin Address: STATE ETHICS COMMISSION P.O. BOX 1179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 January 27, 1984 ADVICE OF COUNSEL RE: Dual Employment, Legislature, Campaign Manager Dear Mr. Dunham: 84 -514 This responds to your letter of January 5, 1984, in which you requested advice from the State Ethics Commission. Issue: You ask whether there are any restriction upon your opposed activity and service as a campaign manager and a legislative staff employee. Facts: You indicate that you are currently employed on the legislative staff of a member of the House of Representatives of the Commonwealth of Pennsylvania. You indicate that you intend to serve as Campaign Manager for this member's re- election campaign during 1983. It is your intention to continue to carry our many of your legislative staff responsibilities, including constituent services, press releases, and legislative research. Although you indicate that no final arrangements have been formalized, it is likely that your salary will be paid on an approximately 50 -50 percent basis by the legislative office and out the campaign finances. Although you currently work 40 hours a week in your legislative staff position, you envision that your legislative work during the campaign period would likely be reduced to between 20 -30 hours per week. Thus, while you envision that you will continue to perform as much as 75% of your legislative office responsibilities (20 -30 hours per week), you will receive only 50 percent salary from the legislative funds appropriated for staff salaries. You indicate that great pains would be taken to insure that your political work as a campaign manager takes place in an office that is physically separate from the legislative office and that the campaign office will be in a different building from the legislative offices with different phones and different phone numbers. Every effort will be made to avoid co- mingling of the legislative and political activities which you intend to State Ethics Commission • 308 Finance Buildinc+ • Harrisburg, Pennsylvania Robert Brett Dunham January 27, 1984 Page 2 undertake. For example, you indicate that press releases that could be considered partisan or campaign - related will be prepared in the campaign offices using campaign personnel, campaign - related typewriters, stationery, and mailed in campaign envelopes using a separate campaign postage -meter account. Discussion: We will assume, for purposes of this response, that in your position as a member of the legislative staff of this member of the House of Representatives you are "public employee" as that term is defined in the State Ethics Act. See Section 2 of the Ethics Act, 65 P.S. 402. As a "public employee" your conduct must conform to the requirements of the Ethics Act and must give rise to neither a conflict with the public trust nor an appearance of a conflict with the public trust. See Section 1 of the Ethics Act, 65 P.S. 401. The question which you present can be reduced simply to a question of whether, under the Ethics Act, there is any per se prohibition against a public employee simultaneously engaging in employment outside of the public post or employment which he holds. The Ethics Act does not contain any prohibition against the simultaneous service to a state agency or, in this case, a legislative office or prevent any person's participation in a campaign of his own or another candidate for public office. This conclusion does not, of course, address any inherent incompatibility of any such activity under any code, rule, or statute other than the Ethics Act. Our response is limited to the question as presented under the provisions of the State Ethics Act. As you have noted, great pains should be taken to insure that there is no co- mingling of your public employment functions paid for out public funds and your private activities and employment as a member of the campaign staff of this member of the House of Representatives. In this regard, you should be cautioned that no public official or public employee may use his public employment or post to obtain financial gain other than the compensation provided by law. As such, you cannot use your public employment to benefit the campaign offices or purposes which you would manage or the campaign staff by which you would be employed. You could not, within this restriction, for example, use personnel, facilities, etc. of the office of this member of the House to enhance, conduct, or support your role as manager of or the campaign of this member of the House. See Section 3(a) of the Ethics Act, 65 P.S. 403(a) and Cessar, No. 82 -002 and McClatchey, No. 130 -C. Conclusion: The Ethics Act does not contain any per se prohibition against your simultaneous employment as a member of the legislative staff of a member of the House of Representatives and your service as campaign manager for this member. The cautions and directives outlined above as to separation of your functions as a legislative staff employee and campaign manager should be observed. Robert Brett Dunham January 27, 1984 Page 3 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. SSC /rdp Sincerely, Sandra S. Christianson General Counsel