HomeMy WebLinkAbout81-602 BoyerGiavano V. Boyer
310 Lincoln Street
Marysville, PA
Mailing Address:
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
August 10, 1981
ADVICE OF COUNSEL
81-602
RE: Office of Inspector of Elections
Dear Mr. Boyer:
This responds to your communication cf July 24, 1981.
Issue: In that communication you requested advice as to
whether an employee of the Department of Revenue may seek or
be appointed to the office of Inspector of Elections for
Marysville Borough.
Discussion: In general, the State Ethics Act does not
preclude an employee of the Commonwealth from holding or
serving in other public office, elected or appointed. In
addition, the term "public official" as defined in the
Ethics Act, and•through its regulations, does not generally
include Inspectors of Elections. See 51 Pa. Code 1.1.
Therefore, there is no conflict of interest presented
if you were to remain an employee of the Department of
Revenue and serve as an Inspector of Elections. I should
note that this Advice refers only to your obligations and
duties under the Ethics Act and does not discuss any
requirements of the Civil Service Code or other laws
relating to participation of Commonwealth employees in
political activities. These questions should be referred to
your personnel office.
Finally, however, I note that even though this service
is not precluded under the Ethics Act, the Ethics Act would
preclude the use of confidential information requfred
through your public employment for any personal gain or the
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Giavano V. Boyer
August 10, 1981
Page 2
offering or accepting of any thing of value with the under-
standing that your official action or public duty would be
influenced thereby. Accordingly, you should be guided by
these principals in relation to your employment with the
Commonwealth.
Conclusion: There is no prohibition under the Ethics Act
for an employee of the Department of Revenue to seek or be
appointed to the office of Inspector of Elections. In other
areas, you should refer your questions to your personnel
office and comport yourself in accordance with the other
applicable requirements of the Ethics Act.
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 requester 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
Sincerely,
Sandra S. C ristianson
General Counsel