HomeMy WebLinkAbout86-515 KrohnTheodore L. Krohn, Esquire
Suite 628
United Penn Rank Building
Wilkes - Barre, PA 18701
STATE ETHICS COMMISSION
308 FINANCE BUILDING
P.O. BOX 11470
HARRISBURG, PA 17108 -1470
TELEPHONE (717) 783 -1610
February 10, 1986
ADVICE OF COIINSEL
Re: Candidacy for Public Office, Municipal Councilman , Conflict of
Inter?sts
Dear Mr. Krohn:
86 -515
This responds to your request for advice from the State Ethics Commission
dated January 29, 1986.
Issue: Whether your client may run for the office of State Representative at
the same time that he serves as a municipal councilman.
Facts: You have requested the advice of the State Ethics Commission in
relation to the above issue on behalf of a municipal councilman. You serve as
the Solicitor for the Municipality of Kingston, Pennsylvania, a Home Rule
Charter Community located in Luzerne County. You advised that one of the
members of the municipal council is currently serving a four year term and is
contemplating running for the Pennsylvania House of Representatives, 120th
Legislative District. You have requested the advice of the Commission as to
whether there would he any prohihition upon his campaigning and running for
this puhlicly elected position while he is simultaneously serving as a
municipal councilman.
Discussion: As a member of a municipal council this individual is a public
official as that term is defined in the Ethics Act and thus, subject to the
provisions of the Act. The Ethics Act does not contain any prohibition
against the simultaneous service as a municipal councilmemher and a person's
candidacy for the Pennsylvania House of Representatives. This advice,
however, does not address any inherent incompatihility of such activity under
Theodore L. Krohn, Esquire
February 10, 1986
Page 2
any other code, statute or administratively imposed requirement. This
response is limited to the question as presented under the provisions of the
State Ethics Act. Additionally, this response does not address the question
of whether any conflict results from simultaneously serving in the
aforementioned positions. Such questions may he answered, if necessary, as
they arise.
Of course, all candidates for public office must observe the requirements
of the Ethics Act insofar as they are contained in Section 3(b) of the Ethics
Act:
Section 3. Restricted activities.
(h) No person shall offer or give to a public official or
public employee or candidate for public office or a member
of his immediate family or a business with which he is
associated, and no public official or public employee or
candidate for public office shall solicit or accept,
anything of value, including a gift, loan, political
contribution, reward, or promise of future employment
based on any understanding that the vote, official action,
or judgment of the public official or public employee or
candidate for public office would be influenced thereby.
65 P.S. 403(h).
In addition, any candidate for public office must comply with the
requirements of Section 4(b) of the Ethics Act which provides as follows:
Section 4. Statement of financial interests required to be filed.
(b) Each candidate for public office shall file a
statement of financial interests for the preceding
calendar year with the commission prior to filing a
petition to appear on the ballot for election as a public
official. A petition to appear on the ballot shall not be
accepted by an election official unless the petition
includes an affidavit that the candidate has filed the
requi red statement of financial i nterests with the
commission. 65 P.S. 404(b).
Finally, you should be cautioned that no public official or public
employee may use his public office to obtain financial gain other than the
compensation provided by law. As such, under this provision of the Ethics
Act, Section 3(a), 65 P.S. 403(a), as well as under Section 403(h) supra, the
councilmember may not use his current position as municipal councilmember to
Theodore L. Krohn, Esquire
February 10, 1986
Page 3
benefit his campaign for the House of Representatives. He may not, within
this requirement, use personnel, facilities, etc., of the office of municipal
councilmember to enhance, conduct, or support his campaign. See Cessar,
82 -002 and McClatchey, 82- 130 -C.
Conclusion: The Ethics Act does not contain any per se prohihition against
candidacy for office and your clients simultaneous service as a municipal
councilmemher as described above. However, the cautions and directives
outlined above should be observed.
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.
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 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.
Since
John J. sntin
(;ener. Counsel