HomeMy WebLinkAbout84-625 NeymanMichael T. Neyman
R.D. #1 Box 81 -A
Emporium, PA 15834
Dear Mr. Neyman:
Matting Address
November 1, 1984
ADVICE OF COUNSEL
84 -625
RE: Simultaneous Activity, Part -Time Patrolman and Sheriff - Candidate
This responds to your letter of October 18, 1984, in which you requested
advice from the State Ethics Commission.
Facts: You indicate that at the present time you are employed as a part -time
patrolman with the Emporium Borough Police Department, hereinafter, the
Borough. You are considering becoming a candidate for the office of Cameron
County Sheriff. You indicate that you have been informed that you might be
required to resign as a police officer once your name is placed on the
ballot.
You seek confirmation of this information as true and /or whatever
information we have as to your duties and responsibilities under these
circumstances under the Ethics Act.
Discussion: We will assume, for purposes of this advice and response, that in
your capacity as a part -time policeman for the Borough, you are to be
considered a "public employee" or "public official" as those terms are defined
in the State Ethics Act. See Section 2, State Ethics Act, 65 P.S. 402. As a
public official and /or employee, your conduct must conform to the provisions
of the State Ethics Act. The most pertinent provision of the State Ethics Act
is Section 3(a) of the Ethics Act as follows:
Section 3. Restricted activities.
(a) No public official or public employee shall use his
public office or any confidential information received
through his holding public office to obtain financial gain
other than compensation provided by law for himself, a
member of his immediate family, or a business with which
he is associated. 65 P.S. 403(a).
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Michael T. Neyman
November 1, 1984
Page 2
Of course, under this provision, you may not use your public position to
secure any financial gain for the County Sheriff's Office, should you be
elected or for your campaign prior to any such election. However, as outlined
above, there does not appear to be a real_ possibility of any financial gain or
inherent conflict arising if you were to serve both as a public official and/
or public employee and as a candidate for the office of County Sheriff.
Basically, the Ethics Act does not state that it is inherently
incompatible for a public official and /or employee to run as a candidate for
County Sheriff. The main prohibition under the Ethics Act and Opinions of the
Ethics Commission is that you may not serve the interests of two persons,
groups, or entities whose interests may be adverse. See Alfano, 80 -007. In
situation outlined above, you would not be serving entities w th interests
which are adverse to each other.
We note that this Advice is issued solely under the Ethics Act and should
not be understood to serve as "clearance" to operate as, outlined above, under
any codes, statutes, ordinances, regulations, etc. other than the Ethics Act.
Also, if you are not within the definition of the term public employee/
official, you may not be subject to any regulation under the Ethics Act, thus,
could undertake these actions without reference to or restriction of the
Ethics Act.
Conclusion: Under the circumstances outlined above, there is no inherent
prohibition under the Ethics Act for you to serve both as a public official
and /or employee and run for the office of County Sheriff. Accordingly, you
may, consistent with the Ethics Act, undertake in these actions
simultaneously.
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.
Michael T. Neyman
November 1, 1984
Page
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 service of this Advice pursuant
to 51 Pa. Code 2.12.
SSC /sfd
Sincerely,
Sandra S. Chris ; anson
General Counse