HomeMy WebLinkAbout84-517 HortonRobert P. Horton
RD #2
Athens, PA 18810
Mailing Address.
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
January 31, 1984
ADVICE OF COUNSEL
RE: County Commissioner, Bradford County Election Committee
Dear Mr. Horton:
84 -517
This responds to your letter of January 13, 1984, in which you requested
advice from the State Ethics Commission.
Issue: You ask whether you, as a County Commissioner, may co -chair an
election committee supporting the election of a member to the General
Assembly.
Facts: You indicate that you are currently serving as County Commissioner for
Bradford County, hereinafter the County. You are also supportive of and
identified with the General Assembly campaign of Paul Riffle. You wish to
co -chair his election committee.
As a County Commissioner, you are also an ex officio member of the County
Board of Elections. You indicate that you would be willing to abstain from
participating as a County Board of Elections member in any question which
might arise before the County Board of Elections having any effect on the
candidacy of Paul Riffle or the candidacy for the office to which he is
aspiring.
Discussion: As a County Commissioner, you are a "public official" as that
term is defined in the State Ethics Act. Accordingly, your conduct must
conform to the requirements of the Ethics Act. However, there is no provision
of the Ethics Act nor are there any rulings of the Ethics Commission which
would indicate that it is inherently incompatible for you to serve as a County
Commissioner and as co- chairman for the election committee of a candidate for
the General Assembly.
Given that there are no inherent or specific prohibitions against your
proposed activity, the only possibility of a conflict would arise if, you as a
member of the County Board of Elections, in your ex officio capacity, were
presented with a question relating to candidacy of Paul Riffle, whose
committee you would co- chair. As you have indicated, the possibility of these
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Robert P. Horton
January 31, 1984
Page 2
conflicts arising can be appropriately handled by your abstention, as a member
of the County Board of Elections on any questions which the County Board of
Elections might face which would effect the candidacy of Paul Riffle or the
office to which he aspires.
Conclusion: The Ethics Act does not prohibit you from serving as a County
Commissioner and as a co- chairman of an election committee for a candidate for
the General Assembly. However, should you, as an ex offico member of the
County Board of Elections, be asked to pass upon any questions effecting the
candidacy of the person whose committee you co -chair or relating to the office
to which he aspires, you should abstain from participating in the decisions of
the County Board of Elections with respect to these questions.
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
Sincer0y,
Sandra S. C "ristianson
General Counsel