HomeMy WebLinkAbout79-530 ShukaitisTO:
FACTS:
DISCUSSION:
STATE ETHICS COMMISSION
HARRISBURG, PA.
September 25, 1979
ADVICE OF CHIEF COUNSEL
Nancy Shukaitis, Commissioner
Commissioner's Office
Monroe County
Stroudsburg, PA 18360
RE: Political Advertisement
This Advice pertains only to Act 170.
Advice Number 79 -530
On September 19, 1979, Nancy Shukaitis, Commissioner
of Monroe County, inquired whether the purchasing of
advertising by a business in political dinner programs was
a violation of the Ethics requirements. Monies derived from
such advertisements are generally used to fund election
workers, i.e., drivers, watchers, etc.
The issue is whether the purchase of political
advertisements by the business in political dinner programs
is permissible under Act 170.
Act 170 does not expressly prohibit the purchase of
advertising by a business in a political dinner program.
Therefore, such activity is not per se in violation of the
Act.
This is not to say a fact situation could not arise
where the purchase of political advertisement would be a
violation of Act 170. For example, if a certain contractor
agreed to expend certain funds for advertisement in return
for obtaining certain business once the candidate was elected,
such expenditure funds for advertising would be a part of an
illegal conspiracy, in violation of Section 3(a) and Section
3(b) of Act 170.
Pursuant to Sections 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.
Nancy Shukaitis, Commissioner
September 25, 1979
page 2
CONCLUSION:
A personal appearance before the Commission and a
formal opinion will be issued upon your request, if you
feel this reply does not suffice.
This letter is a public record and will be made
available as such.
advertisement by
The purchase of political
businesses in political dinner programs is not by itsel
a violation of Act 170.
David Rittenhouse Morrison
Chief Counsel