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HomeMy WebLinkAbout81-561 CalarieDear Mr. Calarie: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 April 28, 1981 ADVICE OF COUNSEL Lee J. Calarie, Esq. 310 Market Street Kittanning, PA 16201 RE: Police Officers, Dual Employment 81 -561 This responds to your letter of March 19, 1981, in which you, as attorney for the Shannock Valley Regional Police Department, requested an opinion from the Ethics Commission. Issue: In your letter you requested advice as to whether the Ethics Act prohibits a Shannock Valley Regional Police Depart- ment Officer from running for District Justice. Facts: You told us that the Shannock Valley Regional Police Department (Department) serves Rural Valley Borough and Cowan - shannock Township Municipalities in Armstrong County, Pennsylvania. The Department also serves Dayton Borough on a contract bases. A police officer in the Department has filed the petitions necessary to run for office as a District Justice. The District Justice's magisterial district encompasses all the municipalities served by the Department. If elected this Officer would resign from the Shannock Valley Regional Police Force. Discussion: Initially, we note that the jurisdiction of the Ethics Commission is strictly limited by the Ethics Act. This opinion addresses the impact of the Ethics Act on the situation you describe and does not consider the effect of any other enactment which might regulate the officer's conduct. The Ethics Act does not prohibit a police officer from running for a post as a District Magistrate, there is a conflict of interest when one person represents'two parties with adverse interests, Alfano, 80 -007. The officer of the Department and the position he seeks as District Justice do not have adverse interests that would prevent the officer from retaining his job with the Department while running for a District Justice. Lee J. Calarie, Esq. April 28, 1981 Page 2 The officer should bear in mind that if elected, he may not use confidential information received through holding public office that is, a District Justiceship, to obtain financial gain other than compensation provided by law for himself, his immediate family, or a business with which he is associated. 65 P.S. §403(a). Further, Section 3(b) of the Act provides that no one may offer anything of value to a public official, in this case a District Justice, based on any under- standing that the Justice's official acts would be influenced thereby. 65 P.S. §403(b). Conclusion: Act 170 does not prohibit a police officer from running for District Magistrate. 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 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, �dra S. C. istianson General C.insel