HomeMy WebLinkAbout82-578 CaltagironeThomas R. Caltagirone, Member
House of Representatives
Commonwealth of Pennsylvania
P.O. Box 209, Room 614
Main Capitol Building
Harrisburg, PA 17120
Mailing Address:
STATE ETHICS COMMISSION
P.O. BOX 1179
HARRISBURG, PA 17108
TELEPHONE: 4717) 783 -1610
October 18, 1982
ADVICE OF COUNSEL
82 -578
RE: Rental, District Office
Dear Representative Caltagirone:
This responds to your letter of October 1, 1982, in which you requested
advice from the State Ethics Commission.
Issue: You ask whether the Ethics Act impacts upon your proposal to rent
office space in a state office building.
Facts: You currently serve as a member of the House of Representatives. Your
legislative district encompasses the city of Reading, where a new state office
building is located. You would like to move your district office into this
building.
You intend to pay rent for the space that you would occupy in the new
state office building from your reimburseable legislative expense account. At
present, you spend approximately $300 a month for such rental in addition to
payment for individual telephone lines.
Discussion: As an elected member of the House of Representatives you are a
"public official" within the meaning of that term as set forth in the Ethics
Act, 65 P.S. 402. As such your conduct must conform to the requirements of
the Ethics Act. The Ethics Act, however, does not prohibit the proposed
rental arrangement set forth above. Specifically, this arrangement is not
specifically prohibited nor are the provisions of Section 3(c) of the Ethics
Act applicable so that an open and public process would be required in order
to affect this arrangement. Section 3(c) of the Ethics Act provides that any
contract between a governmental official and the governmental body with which
he is associated may be made only after an "open and public" process has been
undertaken. The rental arrangement which you propose would not involve a
contract between yourself and the House of Representatives -- the governmental
body with which you are associated -- and therefore, the contract can be made
without reference to any open and public process.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Thomas R. Caltagirone, Member
October 18, 1982
Page 2
Of course, notwithstanding the inapplicability of Section 3(c) of the
Ethics Act we observe that no confidential information could be utilized to
secure this rental contract. See Section 3(a) of the Ethics Act, 65 P.S.
403(a).
Finally, we note that if this contract for rental is made, that you
should be sure to include the information that you rent space from the
Commonwealth on your Financial Interest Statement for the appropriate year(s).
See Section 5(b)(3) of the Ethics Act, 65 P.S. 405(b)(3).
Conclusion: The Ethics Act does not prohibit the proposed rental arrangement
described above. Reporting of this rental must be made to conform to the
requirements of Section 5(b)(3) 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 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 will be scheduled and a formal
Opinion from the Commission will be issued. Any such appeal must be made, in
writing, to the Commission within 15 days of service of this Advice pursuant
to 51 Pa. Code 2.12.
SSC /rdp
cc: Hon. K. Leroy Irvis
Hon. Edward P. Zemprelli
Hon. Robert C. Jubelirer
Hon. Samuel E. Hayes, Jr.
Sincerely,
,* m
Sandra S. Chris anson
General Counsel