HomeMy WebLinkAbout83-515 GeorgeMailing Address.
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
March 1, 1983
ADVICE OF COUNSEL
Daniel P. George 83 -515
RD #1
Rimersbur'g, PA_ 16248
RE: Candidacy for Public Office, State Employment
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Dear Mr. George:
This responds to your letter received by the Ethics Commission on January
28, 1983, in which you requested advice from the State Ethics Commission.
Issue: You ask whether you may concurrently run for office and be employed by
the state.
Facts: You indicate that you are currently employed by the Department of the
Auditor General. Your position requires supervision of personnel who audit
District Justices.
You are considering running for District Justice in this year's primary.
You ask whether there is any conflict in running for this office and
maintaining your job with the Auditor General.
Discussion: Assuming without deciding that you are a "public employee" in
your capacity with the Auditor General 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
state agency and a person's candidacy for public 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 response 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:
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(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,
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
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Daniel P. George
- February 17, 1983
Page 2
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 with the
requirenfents pf Section 4(b4 of the Ethics Act and as follows: .
(b) Each candidate for public office shall file a
statement of financial interests for the preceding '4
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 or confidential information from such
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, with the Auditor General, to benefit
your campaign for public office. You may not, within this requirement, use
personnel, facilities, etc., of the State to enhance, conduct, or support your
campaign. See Cessar, 82 -002 and McClatchey, 82- 130 -C.
In this regard you must be particularly cautious because your auditing
post entails some supervision of persons auditing District Justices. You have
not indicated that you audit or supervise audits of the particular District
Justice post you might seek. However, it might be best if you refrained from
doing so during the duration of the campaign so as to avoid any problems under
Section 3(a) of the Ethics Act.
Conclusion: The Ethics Act does not contain any per se prohibition against
your candidacy for office and your simultaneous service as a state 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 requestor has
disclosed truthfully all the material facts and committed the acts complained
of in reliance on the Advice given.
Daniel P. George
March 1, 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.
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SSC /rdp
cc: Al Benedict, Auditor General
Sincerely,
Sandra S. Ch
General Coun
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