HomeMy WebLinkAbout82-524 MustoRaphael Musto
James Musto Building
65 Bryden Street
Pittston, PA. 18640
RE: Candidacy, Contract
Dear Mr. Musto:
Mailing Address:
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
March 3, 1982
ADVICE OF COUNSEL
82 -524
This responds to your communication of February 23,
1982 in which you requested advice from the State Ethics
Commission.
Issue: You would like an assessment of the impact of the
Ethics Act upon your role as a Legislative Assistant and as
a candidate for public office.
Facts: You indicate that you are currently a candidate for
office in the 14th Senatorial District. You also indicate
that you are currently under contract with Senator Murray to
provide expertise in drafting of legislation and amendments,
research regarding impact of proposed legislation, and
services as an intermediary between the Senator and represen-
tatives of other government and public agencies.
Discussion: Assuming for the purposes of discussion that
you are currently a "public employee" given your contract
with Senator Murray, it is clear that there is nothing in
the Ethics Act which would prohibit your assuming the role
of a candidate in the 14th Senatorial District. The Ethics
Act does not preclude any "public official" or "public
employee ", per se, from running for political office.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Raphael Musto
March 3, 1982
Page 2
Of course, any candidate for public office must obide
by the provisions of Section 3(b) of the Ethics Act. This
Section indicates that no candidate for public office shall
solicit or accept any thing of value, including a gift,
loan, political contribution, reward, or promise of future
employment based on any understanding that the vote, official
action or judgment of the candidate for public office would
be influenced thereby. See 65 P.S. 403(b). This Section is
merely noted for informational purposes. There is nothing,
however, within the Ethics Act which would preclude your
candidacy under the circumstances you present.
Conclusion: The Ethics Act does not preclude you from
serving Senator Murray and running for public office.
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
Sincerely,
andra S. hristianson
General Counsel