HomeMy WebLinkAbout83-514 Sacavages
Robert B. Sacavage
44 North Oak Street
Mount Carmel, PA 17851
Dear Mr. Sacavage:
Mailing Address:
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
March 1, 1983
ADVICE OF COUNSEL
RE: Candidacy for Public Office, Employment as Solicitor
83 -514
This responds to your letter of January 21, 1983, in which you requested
advice from the Ethics Commission.
Issue: You ask whether you may concurrently run for and serve in the office
of District Attorney for Northumberland County and as a solicitor for other
municipal entities.
Facts: You presently serve as the Solicitor for the Borough of Mount Carmel
and Mount Carmel Municipal Water Authority. You have recently announced your
intention to seek the elected office of District Attorney for Northumberland
County. The District Attorney for Northumberland County serves on a part -time
basis as required by statute since Northumberland County is a fifth -class
county.
You indicate that previous district attorneys in your county also acted
as municipal solicitors; but you wish to establish that there would be no
conflict of interest, that if elected, you could continue to serve as a
municipal solicitor.
Discussion: Certainly as an elected district attorney, you would be a "public
official" subject to the requirements of the Ethics Act. See Section 2 of the
Ethics Act, definition of "public official ", 65 P.S. 402. As a public
official your conduct must conform to the requirements ofthe Ethics Act.
However, The Ethics Act does not contain any per se prohibition against
simultaneous service of an individual as an elected official and as a
solicitor. The Ethics Act does require that the conduct of a public official
must neither give rise to a conflict of interest nor the appearance of a
conflict of interest with the public trust. Accordingly, if elected as
District Attorney, your conduct should conform to these requirements.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Robert B. Sacavage
March 1, 1983
Page 2
Specifically, with reference to Section 3(a) and 3(b) of the Ethics Act,
65 P.S. 403(a) and (b) respectively, you must not use your public office, as
District Attorney, for the purpose of obtaining financial gain other than the
compensation allowed by law for that office. You could not, therefore, use
that office to obtain or to retain any solicitorship post. Likewise, as
District Attorney, you could not accept any thing of value, including the
promise of future employment (as Solicitor) on the understanding that your
official conduct as District Attorney would be influenced thereby.
Accordingly, you must comply.with these restraints.
In addition, in order to avoid the appearance of any violation of the
public trust as required by Section 1 of the Ethics Act, you must also be
sensitive to those occasions which might arise during the course of your
tenure as District Attorney, if elected, where you might be asked to review,
for criminal prosecution, matters which come before you as the Solicitor for
the Borough or the Authority. In such a circumstance, the public must be
assured that you are regarding and reviewing these matters in an impartial
manner. The only manner in which you assure this impartiality would be to
refer such matters for review to an assistant district attorney, if available,
or to the Office of the Attorney General, as necessary.
Conclusion: The Ethics Act does not contain any per se prohibition against
your service, if elected, as a district attorney and as a solicitor to a
borough or authority, however, should you be elected, your conduct should be
guided by the considerations outlined above.
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
Si rlcerely,
Sandra S. Christianson
General Coun el