HomeMy WebLinkAbout84-525 MellowHonorable Robert J. Mellow
Senate of Pennsylvania
Room 169, Main Capitol Bldg.
Harrisburg, PA 17120
RE: Business Association
Dear Senator Mellow:
Mailing Address.
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
February 10, 1984
ADVICE OF COUNSEL
84 -525
This responds to your letter of January 25, 1984, in which you requested
advice from the State Ethics Commission.
Issue: You ask whether there are any restrictions in your proposed business
association as set forth below.
Facts: You indicate that you are currently serving as a member of the Senate
of the Commonwealth of Pennsylvania representing the 22th Senatorial District.
You are contemplating the formation of a new business with a gentlemen who has
been employed in your Senate Office for the past 10 years. You ask whether
there are any restrictions upon formation and conduct of such a business
relation.
Discussion: As an elected Senator, you are a "public official" as that term
is defined in the State Ethics Act, 65 P.S. 402. As such, your conduct must
conform to the requirements of the State Ethics Act. However, there is
nothing in the State Ethics Act nor any of the opinions of the Commission
which would prohibit a public official from engaging in a business
relationship with a member of the official's staff. Thus, as to the legality
of the formation of such a business, the Ethics Act would present no problems
or restrictions.
Should this new business wish to engage in any activities such as
contracting with your office or the Senate, the open and public process
requirements of Section 3(c) would apply. Please contact us again if more
specific conditions arise.
Conclusion: The Ethics Act does not restrict or present any questions as to
the legality of the formation of a business between you, as a member of the
Senate, and a person employed by your office.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Honorable Robert J. Mellow
February in, 19M
Page 2
Pursuant to Section 7(9)(ii), this Advice is a complete defense in
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,
/ I
Sandra S. Christianson i
General Counsel