Loading...
HomeMy WebLinkAbout84-602 GodshallRobert W. Godshall, Member House of Representatives Commonwealth of Pennsylvania P.O. Box 123 Main Capitol Building Harrisburg, PA 17120 STATE ETHICS COMMISSION 308 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 August 28, 1984 ADVICE OF COUNSEL 84 -602 Re: Campaign Brochure Dear Representative Godshall: This responds to your letter of August 24, 1984, in which you requested advice from the State Ethics Commission. Issue: You ask whether it is appropriate, under the Ethics Act, to list your district and Harrisburg offices on campaign literature. Facts: You currently serve as a Representative for the 53rd Legislative District within the Commonwealth of Pennsylvania. You have provided us with a copy of the top portion of a campaign brochure which you will be sending to the public with respect to your re- election effort. This campaign literature would be produced and mailed by the Committee to Re -elect you as State Representative. The Chairman of this Committee will be listed as Robert Kerns and the address listed would be P.O. Box 29, Landsdale, Pennsylvania, 19446. However, on this literature, you wish to indicate the location (address) and the telephone numbers associated with both your district office and your Harrisburg office. You ask whether there are any problems with this brochure under the State Ethics Act and if so, what those problems might be. Robert W. Godshall, Member August 28, 1984 Page 2 Discussion: The Ethics Act states that a public official may not use his public office for personal financial gain. See Section 3(a) of the Ethics Act, 65 P.S. 403(a). Under these provisions of the Ethics Act it is clear that a member of the House of Representatives, for example, could not use his public office by mailing campaign material paid for from his publicly provided expense funds to support his own re- election or to appeal for political support. See Rappaport, No. 126 -C. However, under the circumstances as you present them above, there is no connection between the distribution of this brochure or use of any public monies provided to you as a State Representative. The only question presented is whether you may list on this brochure the location and telephone numbers for your district and Harrisburg legislative offices. There is nothing in Section 3(a) of the Ethics Act or in any of the Opinions of the Commission which would prohibit the inclusion of these addresses and phone numbers on this brochure. Indeed, the Commission has previously ruled that a Representative can distribute an announcement supporting certain candidates and asking others to support certain candidates even where the announcement includes the "Seal of the Commonwealth" and is written on the House of Representatives letterhead. Where such insignia or letterhead are used and where the stationery bears the disclaimer "Paid for by private funds" of the Representative, the Commission has concluded that use of the Commonwealth seal and such letterhead does not violate the Ethics Act. See Williams, No. 76 -C. Thus, under the circumstances that you present providing the information regarding the location, address, and telephone numbers for your district and Harrisburg offices, where this brochure is clearly designated as campaign literature and has been paid for from non - public funds, there would be no violation of the Ethics Act. Conclusion: There are no provisions of the Ethics Act or Opinions of this Commission which would indicate that the activity which you describe above would be a violation of the Ethics Act. Accordingly, there are no "problems" with this proposed procedure 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. This letter is a public record and will be made available as such. Robert W. Godshall, Member August 28, 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 full 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 /na Sin erely, ndra S. _ - i an son General Counsel