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HomeMy WebLinkAbout84-617 JackSTATE ETHICS COMMISSION 308 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 ADVICE OF COUNSEL October 2, 1984 Mr. Larry Jack, Executive Director Philadelphia Delegation 210 South Office Building Harrisburg, Pennsylvania 17120 RE: Philadelphia Delegation, Fund - raiser Dear Representative Jack: 84 -617 This responds to your letter of July 31, 1984, in which you requested advice from the State Ethics Commission. Issue: You ask whether the particular fundraising activities of the Philadelphia Delegation, as further described below, would be prohibited or restricted in any way by the Ethics Act. Facts: You indicate that you are Executive Director of the Phildelphia Delegation, hereinafter, the Delegation. The Delegation is comprised of twenty -five Democratic represen- tatives who meet occasionally to discuss a legislative agenda. For these meetings, the Delegation may invite city or other state officials to Harrisburg to discuss items affecting the general constituency of Philadelphia. These meetings are usually attended by all Democratic represen- tatives from Philadelphia, although on occasion, Republican representatives also attend these meetings. However, the agenda always deals with intergovernmental or governmental business and does not involve such items as campaign efforts or campaign funds. In order to cover the cost of these meetings, you have, on occasion, been required to ask your guests to cover the cost of their lunch or other refreshments which you have not been able to underwrite because you have not been provided with funds out of legislative accounts or otherwise to Mr. Larry Jack, Executive Director October 2, 1984 Page 2 underwrite these meetings. As a result, the Delegation is contemplating holding a fund - raiser which funds would be used to help defray the cost of such future meetings. You indicate that the fund - raiser would be held on private, versus public, facilities. The money raised would be handled as private funds, not as public funds or as a supplement to public funds. In addition, the solicitation and preparation for the fund - raiser would be handled totally by private resources and not utilizing any public resources. Finally, you indicate that the funds that would be raised would not be utilized for the specific or express use of any individual member in the Delegation. Essentially, you accept as a good statement of the question which you pose the following: Can a group of state legislators conduct a private fund- raising event which is sponsored and paid for by private funds, where the funds raised will help to pay the costs associated with meetings scheduled and conducted between state -level governmental personnel and city or other governmental personnel without violating the Ethics Act? Discussion: As the individuals in this Delegation are elected officials, they would be considered "public officials" subject to the restrictions and prohibitions of the Ethics Act. As such, their conduct must conform to the requirements of the Ethics Act, including Section 3(a) of the Act and Section 1 of the Ethics Act, 65 P.S. 403(a) and 401, respectively. Under the circumstances, as you have outlined above, however, there is no opinion of the Ethics Commission which would indicate that the members of this Delegation would violate Section 3(a) or Section 1 of the Ethics Act were they to undertake the fund - raising activities contemplated. Specifically, these individuals, although conducting this fund - raising activity in connection with their public responsibilities, do not intend to use public facilities, public funds, or public resources, to secure these funds. Additionally, the funds to be raised would be devoted not to the individuals involved; rather, they would be used to defray or underwrite the costs of meetings associated with the execution of their public responsibilities to some extent. Mr. Larry Jack, Executive Director October 2, 1984 Page 3 Conclusion: Under the circumstances and given the facts as you have outlined above, the activities contemplated here, if undertaken by the members of the Delegation, would not violate Section 3(a) or Section 1 of the Ethics Act, 65 P.S. 403(a) and 401, respectively. 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 alb the material facts and committed the acts complained of in reliance on the Advice given. such. This letter is a public record and will be available as 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 _ hristianson General C•unsel