HomeMy WebLinkAbout80-729 ScarpinitiDennis F. Scarpiniti
1716 Rear Leishman Avenue
Arnold, PA 15068
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STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
October 28, 1980
ADVICE OF COUNSEL
80-729
RE: Dual Employment, Legislative Research, City Councilman
Dear Mr. Scarpiniti:
This responds to your communication of October 7, 1980.
Issue: You inquire as to whether you may serve simultaneously
as the Director of Research for the Senate Law and Justice
Committee and as a City Councilman in a city of the third -
class.
Facts: You are currently employed as the Director of Research
of the Senate Law and Justice Committee (majority) under the
direction of Senator James R. Kelley. In this position your
duties and responsibilities entail conducting and directing
research for the Committee as well as formulating analysis
for legislation referred to the Committee. You either serve
or intend to serve as a City Councilman in a city of the
third - class.
Discussion: Initially, I must note that it is not with the
jurisdiction of the Ethics Commission to interpret the
provisions of the Third -Class City Code. Specifically, you
refer to Article X of that Code and request an interpretation
as to whether simultaneous employment as the Director of
Research and the City Councilman for such a third -class city
would be permissible.
Our interpretation applies only to the provisions of
the Ethics Act. However, under the Ethics Act there is no
prohibition per se in such dual employment or in the holding
of such positions at the same time. For example, the
Commission has decided that dual employment of an attorney
by different municipalities or governmental bodies does not,
per se, violate the conflict of interest provisions of the
State Ethics Act. See King, 79 -034.
Dennis F. Scarpiniti
October 28, 1980
Page 2
One point, however, should be made; that is, that the
Ethics Act in Section 3(a) prohibits any public official
from using his public office or any confidential information
gained through his holding of public office to obtain
financial gain for himself or a member of his immediate
family or a business with which he is associated other than
the compensation allowed him by law in relation to his
public office. Thus, if you were to hold two positions,
your conduct should be such that you would not use any
confidential information gained through the holding of
either such public office to obtain the financial gain for
yourself or a member of your family or business as outlined
above. It is virtually impossible to detail the instances
in which such confidential information might be used, but
this section of the Act should operate as a general guideline
in your conduct.
Conclusion: The Ethics Act does not preclude you from
holding two positions -- the Director for Research for the
Senate Law and Justice Committee and a City Councilman in a
third -class city. The Ethics Act, however, in Section 3(a)
would prohibit you from using any confidential information
gained through your holding of either public office to
secure financial gain for yourself or a member of your
immediate family or a business with which you are associated.
While holding either of these public offices, your conduct
should conform to the requirements of Section 3(a) of the
Ethics Act.
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 avail-
able 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 may be scheduled and a formal Opinion
from the Commission will be issued. You should make such a
request or indicate your disapproval of this Advice within
the next 30 days.
SSC /rdp
Sincerely,
andra S. 'istianson
General Counsel