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HomeMy WebLinkAbout81-637 PetroneMailing Address. STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 November 9, 1981 ADVICE OF COUNSEL Representative Thomas C. Petrone 179 Steuben Street P.O. Box 9557 Wabash Station Pittsburgh, PA 15220 RE: Campaign, Home Office Use Dear Representative Petrone: 81 -637 This responds to your communication of September 28, 1981 and subsequent telephone conversations with your office in which you indicated that you requested advice from the State Ethics Commission. Issue: You ask our advice as to whether the Ethics Act would preclude you as a candidate - incumbent member of the House of Representatives from utilizing your home office for campaign purposes, including the use of office tele- phones. Discussion: You indicate that next year will be a cam- paign year for members of the House of Representatives, and you raised the question of whether or not it is appropriate, under the Ethics Act, for you to raise campaign funds and conduct campaign matters from your home office. You indicate that this potentially includes the use of office telephones to conduct campaign matters. The Ethics Act in Section 3(a), 65 P.S. 403(a), indicates that no public official may use his "public office ... to obtain financial gain other than the com- pensation provided by law for himself or a member of his immediate family or a business with which he is asso- ciated." The Ethics Act also empowers the Ethics Commission State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Representative Thomas C. Petrone November 9, 1981 Page 2 to address other areas of possible conflict such as the question you present. In addition, Section 1 of the Ethics Act states that people of the Commonwealth have a right to be assured that the financial interests of a public official present neither a conflict nor an appear- ance of a conflict of interest with the public trust. See 65 P.S. 401. In interpreting these provisions the Ethics Commis- sion has recently ruled that the use of a district office for personal fund raising creates at least the appearance of a conflict of interest between an official's personal financial interest and his duties as a public official. See Street, 81 -005. This ruling essentially points out that use of a district office telephone number as contact point by an independent group raising funds for a Senator's personal use creates the appearance of a conflict of interest and is prohibited by the Ethics Act. Similarly, the use of a district office for a personal re- election campaign use would be within the same category of pro- hibited activities. Conclusion: As a State Representative you are a public official subject to the Ethics Act and the use of your district office including the use of your telephone number as a contact point for campaign fund raising pur- poses or other campaign purposes would create at least the appearance of a conflict of interest between your own interests and the public interest. This would constitute a use of public office for your personal, that is, political gain and should not be undertaken. 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. Representative Thomas C. Petrone November 9, 1981 Page 3 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 /lma Siicerely, 2837 cc: Matthew J. Ryan, Speaker Henry G. Hager, President Pro Tempore Sandra S. Christianson General Counsel