HomeMy WebLinkAbout83-513 LavellaGeorge Lavella
P.O. Box 131
Kersey, PA 15846
Mailing Address:
STATE ETHICS COMMISSION
P.O. BOX 1179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
February 17, 1983
ADVICE OF COUNSEL
83 -513
RE: Candidacy for Public Office, County Employment
Dear Mr. Lavella:
This responds to your letter received by the Ethics Commission on January
24, 1983, in which you requested advice from the State Ethics Commission.
Issue: You ask whether you may concurrently run for office within a county
and be employed by that county.
Facts: You indicate that you are currently employed by the North Central
Pennsylvania Office of Human Services, The Area Agency On Aging for Cameron,
Elk, McKane, and Potter Counties. You serve as Personnel Director for this
office.
You are considering the possibility of running for a county office in
this year's primary. You ask whether there is any conflict in running for
county office and maintaining your job at the North Central Pennsylvania
Office of Human Services.
Discussion: Assuming without deciding that you are a "public employee" in
your capacity as Personnel Director, we can address the question you pose on
the assumption that you are within the coverage of the Ethics Act. The Ethics
Act does not contain any prohibition against the simultaneous service to a
county and a person's candidacy for county office. This conclusion does not
address any inherent incompatibility of such activity under any code, statute
other than the Ethics Act, or administratively imposed requirement. Our
reponse is limited to the question as presented under the provisions of the
State Ethics Act.
Of course, all candidates for public office must observe the requirements
of the Ethics Act insofar as they are contained in Section 3(b) of the Ethics
Act:
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
George Lavella
February 17, 1983
Page 2
(b) No person shall offer or give to a public official or
public employee or candidate for public office or a member
of his immediate family or a business with which he is
associated, and no public official or public employee or
candidate for public office shall solicit or accept,
anything 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 public official or public employee or
candidate for public office would be influenced thereby.
65 P.S. 403(b).
In addition, any candidate for public office must comply wiih the
requirements of Section 4(b) of the Ethics Act and as follows:
(b) Each candidate for public office shall file a
statement of financial interests for the preceding
calendar year with the commission prior to filing a
petition to appear on the ballot for election as a public
official. A petition to appear on the ballot shall not be
accepted by an election official unless the petition
includes an affidavit that the candidate has filed the
required statement of financial interests with the
commission. 65 P.S. 404(b).
Finally, you should be cautioned that no public official or public
employee may use his public office to obtain financial gain other than the
compensation provided by law. As such, under this provision of the Ethics
Act, Section 3(a), 65 P.S. 403(a), you may not use your current position, as
Personnel Director, to benefit your campaign for county office. You may not,
within this requirement., use personnel, facilities, etc., of the North Central
Pennsylvania Office of Human Services to inhance, conduct, or support your
campaign. See Cessar, 82 -002 and McClatchey, 82- 130 -C.
Conclusion: The Ethics Act does not contain any per se prohibition against
your candidacy for office and your simultaneous service as a county employee
as described above. However, the cautions and directives outlined above
should be observed.
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.
George Lavella
February 17, 1983
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 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
Sincerely,
Sandra S. ristianson
General Counsel