HomeMy WebLinkAbout85-609 StevensRepresentative Correale F. Stevens
House of Representatives
P.O. Rox 17, Main Capitol Rldg.
Harrishurg, PA 17120
STATE ETHICS COMMISSION
308 FINANCE BUILDING
P.O. BOX 11470
HARRISBURG, PA 17108 -1470
TELEPHONE (717) 783 -1610
December 19, 1985
ADVICE OF COUNSEL
85 -609
Re: Simultaneous Service, State Legislator, County Industrial Development
Authority Memher
Dear Representative Stevens:
This responds to your letter of December 5, 1985, wherein you requested
the advice of the State Ethics Commission.
Issue: Whether a memher of the Pennsylvania House of Representatives may he
appointed as a memher of a county industrial development authority within the
purview of the State Ethics Act.
Facts: You have requested the advice of the State Ethics Commission regarding
the following situation. You currently serve as an elected memher of the
Pennsylvania House of Representatives. You further indicate that you have
recently been appointed by the Luzerne County Roard of Commissioners to serve
on the county's industrial development authority. You indicate that you were
appointed to that position in order to provide some expertise in dealing with
the business community in Luzerne County. You now request the advice of the
State Ethics Commission as to whether there is any conflict of interest, or
appearance of a conflict of interest as a result of the foregoing factual
situation.
Discussion: At the outset, it must he noted that the State Ethics Commission
may only address the question that you have presenters within the purview of
the State Ethics Act. The Commission may not address this issue under any
other code of conduct. As a memher of the Pennsylvania House of
Representatives you are a public official as that term is defined in the State
Ethics Act. 65 P.S. 6,402; Seltzer, 80 -044; Goebel, 80 -045. As such, your
conduct must conform to the requirements of the Act.
Representative Correale F. Stevens
December 19, 1985
Page 2
Generally, the State Ethics Act provides as follows:
Section 3. Restricted activities.
(a) No puhlic official or public employee shall use his
puhlic 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).
Within this provision of law, you may not participate in any matter as a
member of the House of Representatives that would he of a financial benefit to
either yourself or the other members of the authority. You may not use
confidential information obtained as a State Legislator for similar purposes.
The Ethics Act, however, places no per se prohibition upon a public
official simultaneously serving in another public office. Industrial
development authority's are instrumentalities of the Commonwealth of
Pennsylvania and have been created for the general benefit of the citizens of
the Commonwealth. Thus, in this position, you would he serving the puhlic in
a different capacity. No private interest would be involved in this
situation. Generally, the Commission has previously indicated that the intent
of the Ethics Act is that during the term of a person's public employment he
must act consistently with the public trust. The law, however, may not he
read so as to prevent puhlic officials from continuing to voluntarily serve
the public interest or in other public positions.
Generally, the Commission may address areas of possible conflicts of
interests. 65 P.S. , 5404(d). Such conflicts develop when a public official
serves or attempts to serve one or more interests that are adverse. See
Alfano, 80 -007. In the current situation, there appears to be no indication
that the interest of the Pennsylvania State Legislature and the Luzerne County
Industrial Development Authority are adverse. As previously noted, it would
be the better practice to abstain from any matter, as a State Legislator, that
involves industrial development authorities generally. Similarly, you should
not use your position or title as a State Legislator in order to obtain any
benefits for the industrial development authority or to influence any
individual or entity to take any action on behalf of the authority. In this
way, there will be no actual or perceived conflict of interest.
In the event that in the future a situation would arise wherein you
believe that a conflict of interest may exist, you may seek the further advice
of the Commission in reference thereto. Whipple, 83 -579; Bedein, 81 -558;
Stackhouse, 81 -585.
Representative Correale F. Stevens
December 19, 1985
Page 3
Conclusion: The State Ethics Act presents no per se prohibition upon a State
Legislator's simultaneous service as a member of a county industrial
development authority. The Ethics Act generally places certain restrictions
upon that official's activities insofar as an actual or perceived conflict of
i nterest may devel op. As a puhli c official , you are requi red to conform to
the standards of the State Ethics Act as set forth above.
Pursuant to Section 7(q)(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 he made available as such.
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 he scheduled and a formal
Opinion from the Commission will he issued. Any such appeal must he made, in
writing, to the Commission within 15 days of service of this Advice pursuant
to 51 Pa. Code 2.12.
JJC /sfh
Si nce
John J. tino
(ener• Counsel