HomeMy WebLinkAbout80-690 CohenFaye R. Cohen, Esquire
Democratic Committee of
Delaware County
42 E. Baltimore Pike
Media, PA 19063
Dear Ms. Cohen:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
July 9, 1980
ADVICE OF THE COMMISSION 80 -690
On June 26, 1980 you asked whether there was a conflict
of interest when an appointed minority jury commissioner
holds positions as treasurer of the Democratic Party and also
chairperson of a state legislative campaign. You noted that
her appointment was made by the Delaware County Council - an
elected council - from a list of 3 people submitted by the
County Council Chairman.
In a telephone conversation with the Commission's Executive
Director on July 8, 1980, you stated that none of the minority
jury commissioner responsibilities related to either the
party or legislative campaign position. You also said the
selection of jurors is computerized and the commissioners do
not make the selections. You also asked that we answer
whether there would be a conflict if a person holding a
minority jury commissioner's position ran for public office.
On September 11, 1979 the Commission issued opinion 79-
051 in which they concluded "persons who are appointed or
elected to party positions such as committeepersons are not
covered by Act 170. This conclusion applies to any level
party office."
The positions of treasurer of the party and chairperson
of a state legislative campaign would not be covered by Act
170 in accordance with the above opinion.
Faye R. Cohen, Esquire
July 9, 1980
Page 2
There is no conflict under Act 170 when a minority jury
commissioner also holds political party offices. A person
holding a minority jury commissioner position also has no
conflict under Act 170 if they run for public office.
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.
PJS /rdp
You may appeal this advice to the full Commission.
This letter is a public record and will be made available
as such.
PAUL J. KITH
Chairman