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HomeMy WebLinkAbout84-534 KrzemienskiTheodore A. Krzemienski 1128 5th Avenue Beaver Falls, PA 15010 Dear Mr. Krzemienski: Mailing Address STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 March 8, 1984 ADVICE OF COUNSEL RE: Legislative Employment, Campaign Activities 84 -534 This responds to your letter of February 27, 1984, in which you requested advice from the State Ethics Commission. Issue: You ask whether there are any restrictions upon your proposed conduct and service as a legislative staff employee and volunteer campaign worker. Facts: You indicate that you currently serve as the part -time legislative aide in the District Office of State Representative Barry L. Alderette. You work in Representative Alderette's District Office for three hours in the morning and you would like to perform part -time volunteer work for the Representative in the upcoming election. You indicate that the time you would spend as a campaign volunteer would be on your own time during the afternoon and evenings. Discussion: We will assume, for purposes of this response, that as a part -time legislative aide to the Representative that you are a "public employee" as that term is defined in the State Ethics Act. See Section 2 of the Ethics Act, 65 P.S. 402. We note, however, that such an inclusion within the term of "public employee" is not necessarily certain particularly since you serve only as a part -time legislative aide. However, because of the nature of our response, as follows, we do not believe in extensive discussion on this point as necessary. State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Theodore A. Krzemienski March 8, 1984 Page 2 Assuming that you are a public employee, your conduct must conform to the requirements of the State Ethics Act and must give rise to neither a conflict of public trust nor an appearance of a conflict with the public trust. Section 1 of the State 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 simulaneously engaging in volunteer activity outside of the public post or employment which he holds. The Ethics Act does not contain any prohibition against the simultaneous service to a public or state representative or the representative's legislative office, or prevent a person's participation in a campaign on a volunteered or a compensated basis. See Dunham, 84 -514. 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. It should be noted, however, that you should insure that there is no co- mingling of your functions as a part -time legislative aide which functions are paid out of public funds and your private activities as a volunteer on 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. See Section 3(a) of the Ethics Act, 65 P.S. 403(a). You cannot use your public employment to benefit the campaign or non - public purposes which you would serve as a campaign volunteer. 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 a volunteer of or the campaign of this member of the House. See Cessar, 82 -002 and McClatchy, No. 130 -C. Conclusion: The Ethics Act does not pertain any per se prohibiton against your simultaneous employment as a part -time legislative aide for a member of the House of Representatives and your service as an unpaid worker within the campaign staff of this member. The cautions and directives outlined above as to the separation of your functions as a legislative staff employee and as a campaign volunteer 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. Theodore A. Krzemienski March 8, 1984 Page 3 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 This letter is a public record and will be made available as such. Sincerely, k dra S. General Couns sonL*''4)/