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HomeMy WebLinkAbout81-567 ZaengerJ. Zaenger 102 Greyfriar Drive Pittsburgh, PA 15215 Dear Mr. Zaenger: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 May 7, 1981 ADVICE OF COUNSEL RE: Candidate for Public Office, Litigation 81 -567 This responds to your letter of April 8, 1981 in which you request advice from the State Ethics Commission. Issue: You inquire as to whether the Ethics Act would prevent you from running for public office because you are currently involved in litigation against the municipality where, if elected, you would serve as a public official. Facts: You are currently running for Township Council in O'Hara Township, Allegheny County. As a private citizen, prior to the initiation of your candidacy you instituted litigation against the Township of O'Hara. This litigation deals with problems associated with an open Township storm drain (ditch and wall) on your personal property and seeks both a physical solution and damages for injuries allegedly suffered. This litigation is now in the hands of the insurance company representing O'Hara Township and that insurance company's legal representative. Discussion: The Ethics Act contains no prohibition against your candidacy for public office even given the fact that you are currently involved in litigation against the Township, where, if elected, you would serve as a public official. The Ethics Act, however, would regulate your conduct if you are elected as a "public official" as that term is defined in the State Ethics Act. See Section 2, 65 P.S. 402. The Ethics Act would require that you would not use your public office, if secured, to obtain personal financial gain. See Section 3(a) of the Ethics Act, 65 P.S. 403(a). As a public official you must also avoid even the appearance of a conflict of interest between your private interest and your public duties. See Section 1 of the Ethics Act, 65 P.S. 401. J. Zaenger May 7, 1981 Page 2 Given these two concerns it becomes apparent that if you are elected to the Township Council you would be precluded from participating in any discussions, including voting, on the personal law suit which is currently pending between the Township of O'Hara and yourself. This absten- tion would be necessary in order to avoid the appearance of a conflict between your private interest and your public responsibilities as an elected official. However, the Ethics Act contains no prohibitions against your candidacy, per se, on the facts outlined above. Conclusion: The Ethics Act does not preclude you from running for office despite the fact that you are currently involved in litigation with the municipality, where, if elected, you would serve as a public official. Your conduct, if you should be elected to public office, should conform to the requirements set forth in this Advice. 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. SSC /rdp Sin'erely, Sandra S. C stianson General Counsel