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HomeMy WebLinkAbout81-599 PrattRalph D. Pratt, Member House of Representatives Commonwealth. of Pennsylvania 328 Main Capitol Building Harrisburg, PA 1712 :.' RE: Position as Solicitor Dear Representative Pratt: Mailing Address: STATE ETHICS COMMISSION P.G. BOX 1179 HARRISBURG, PA 17108 TEI_ErHONE: (717) 783 -1610 August 11, 1981 ADVICE Oh' COUNSEL 81-599 This responds to your communication of July 9, 1981 in which you requested advice of the Ethics Commission. Issue: You inquire as to whether there is a conflict of interest if a State Legislator were to accept and assume the position of Solicitor for a second class township in Pennsylvania Facts: You currently serve as a member of the House of Representatives serving the 10th Legislative District. You have been offered the position as Solicitor for the Township of Shenango in Lawrence County, Pennsylvania. This Township is not part of your Legislative District. Discussion: The Ethics Act defines a "public official" as any elected official within the Legislative Branch. Obviously, you are a "public official" within the purview of the Ethics Act. However, the statute does not require that public officials refrain from all other professional or business. ventures. Indeed, the State Ethics Commission has held that an individual may serve as Solicitor for more than one political entity simultaneously. King, 79 -034. Simulta- neous service would be prohibited only if a "conflict of interest" existed. The Ethics Commission has defined State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Ralph D. Pratt, Member August 11, 1981 Page 2 "conflict of interest" as existing when an individual . represents two or more persons whose interests are adverse to each other. Alfano, 80 -007. There does not appear to be a per se conflict between the interests of the Township of Shenango which you would serve as solicitor and the interests of the House of Representatives or your consti- tutents who you serve as a member. Accordingly, there is no per se conflict of interest present for a member of the Legislature, such as yourself, to serve in the position as Solicitor for this second class township. Of course, the Ethics Act does impose some general requirements on any person serving in public office. There requirements include the prohibition against use of public office or confidential information received through the holding of public office to obtain financial gain for one'-, self or one's immediate family. 65 P.S. 403(a).. in addition, no one may give or offer to any public official any thing of value, including the promise of future employ- ment, based on the understanding that his official actions would be influenced thereby. 65 P.S. 403(c). These require- ments are mentioned as general requirements and your conduct as a member of the Hcuse as well as an official (Solicitor) of the Township of Shenango should be guided by these concerns. In addition, any Financial Interest Statement which you would be required to file should reflect your income in excess of $500, if such is received from the Township of Shenango, as Solicitor. Until the Supreme Court determines whether Solicitors are required to file Financial Interest State- ments you would not be required to file a Financial Interest Statement with the Township of Shenango should you accept the solicitorship which has been offered. Conclusion: A member of the House of Representatives is not prohibited under the Ethics Act, per se, from accepting a position as Solicitor for a township of the second class. 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. Ralph D. Pratt, Member August 11, 1981 Page 3 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 cc: Matthew J. Ryan, Speaker House of Representatives Sincerely, Sandra S. ristianson General C unsel