HomeMy WebLinkAbout81-528 MoroccoWilliam A. Morocco
1120 Negley Street
Farrell, PA 16121
Dear Mr. Morocco:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
March 26, 1981
ADVICE OF COUNSEL
RE: City Council, Dual Employment
81 -528
This responds to your letter of February 27, 1981, in
which you, a member of the Farrell City Council, requested an
opinion from the Ethics Commission.
Issue: You requested advice as to whether the Ethics Act
prohibits a public school employee from being a candidate for
or holding public office as a Council member. You also
requested advice as to whether the Ethics Act governed the
conduct of such an official and whether the official could
accept a salary from the municipality.
Facts: You informed us that you are a teacher in the Farrell
Area School District. You were elected to a position on the
Farrell City Council in 1977 and have served as a Council
member since Janaury 1978. You are running for re- election to
the Farrell City Council.
Discussion: Nothing in the Ethics Act, 65 P.S. §401 et seq.
precludes a public school teacher from being a candidate for a
public office on a City Council. The Ethics Act does not bar a
public school teacher from serving as a City Council member.
The teacher may accept the salary the municipality grants its
Council members.
The statute imposes restrictions on the conduct of all
public officials without regard to any other profession or
occupation the official may have. Act 170 defines "public
official" as:
"Any elected or appointed official in the
Executive, Legislative or Judicial Branch
of the State or any political subdivision
thereof...." 65 P.S. §402
William A. Morocco
March 26, 1981
Page 2
An elected member of a City Council must observe the
stictures of Act 170 whatever his other profession or business.
Section 3 of the Act enumerates restricted activities of
public officials. No public official shall use his public
office or any confidential information received through his
holding public office to obtain financial gain for himself, his
immediate family or a businss with which he is associated. `65
P.S. §403(a). The public official may not accept anything of
value based on any understanding that the vote, official action
or judgment of the public official would be influenced thereby.
65 P.S. §403(b). Futher, no public official, member of his
immediate family or any business in which the person or a
member of his immediate family is an officer, director or
holder of stock valued at 5% of the equity at fair market value
of the business shall enter into any contract valued at $500 or
more with any governmental body unless the contract was awarded
in an open and public process. 65 P.S. §403(c).
Beyond these restrictions the Ethics Act requires disclo-
sure of financial interests from candidates for public office,
65 P.S. §404. Each candidate for public office must file a
statement of financial interests for the preceding calendar
year with the Ethics Commission before filing a petition to
appear on the ballot for election as a public official. 65
P.S. §404(b). A copy of this statement must be filed locally.
A candidate for a seat on a City Council must, therefore, file
a statement of financial interests for the preceding calendar
year with the Commission and must file such a statement by May
1 of each year he holds public office and one year after leaving
office.
Conclusion: The Ethics Act does not prohibit a public school
teacher from candidacy for public office, serving as a public
official on a City Council or from accepting a City Council
member's salary.
As a public official subject to the Ethics Act the member
of City Council may not:
(1) use his public office or confidential information
received through holding public office to obtain
financial gain for himself, his immediate family or a
business with which he is associated;
(2) accept anything of value based on any understanding
that his vote, official action or judgment would be
influenced thereby;
(3) enter into any contract valued at $500 or greater
with the governmental body with which he is
associated (in your case City Council) unless the
contract is awarded through an open and public
process.
William A. Morocco
March 26, 1981
Page 3
The candidate for City Council must file a financial
interests statement for the preceding calendar year with the
Commission before filing nominating petitions to appear on the
ballot and must file such a statement by May 1 of each year he
holds office and for one year after leaving office.
Pursuant to Section 7(9)(ii), this Advice is a complet
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 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.
SW /rdp
Sincerely,
d a a,a_AtA_52:4 6 6
ndra S. C istianson
General Counsel