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HomeMy WebLinkAbout81-575 FornelliSTATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 June 11, 1981 ADVICE OF COUNSEL Franics J. Fornelli Cusick Madden Joyce & McKay 1st Federal Building Sharon, PA 16146 RE: Candidates for Office, Conflicts of Interest Dear Mr. Fornelli: This responds to your letter of February 25, 1981, in which you, as a candidate for judicial office, requested an opinion from the Ethics Commission. Issue: You requested advice as to whether the Ethics Act prohibits your mother from serving as an Inspector of Elections while you are running for judicial office. Facts: You informed us that you are a candidate for Judge of the Courts of Common Pleas of Mercer County. You mother is an Inspector of Elections in the Borough of Sharpsville, Mercer County. Your mother is a candidate for re- election to the position in the primary and general elections in 1981. The Mercer County Board of Elections has told you that there is no provision of the Election Code that prevents your mother from serving as an Inspector of Elections. Discussion: We note that the authority of the Ethics Commission is strictly limited by the Ethics Act, 65 P.S. 401 et seq. Accordingly, this Advice does not address the effect the Election Code may have on the situation you describe. This Advice discusses the effect of the Ethics Act alone. The Ethics Act governs the conduct of public officials as well as candidates for public office. The statute does not, however, forbid your mother from serving as an Inspector of Elections in the same county where you are running for a seat on the Court of Common Pleas. The Ethics Act requires that public officials and candidates for public office "present neither a conflict nor the appearance of a conflict with the public trust." 65 P.S. §401. 81 -575 Franics J. Fornelli June 11, 1981 Page 2 The Ethics Commission has said a conflict of interest exists when an individual represents two or more persons whose interests are adverse to each other. Alfano, 80 -007 Your mother, we assume, is not an active part of your campaign. Therefore, she cannot be described as representing different interests, i.e., the interest of an Inspector of Elections and a political interest. There is no violation of the Ethics Act in your running for a seat on the bench while your mother is an Inspector of Elections. 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 tacts 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, .ra s ians n� General Cou'se