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HomeMy WebLinkAbout83-524 HeathNelle C. Heath Farrell Redevelopment Authority Board of Directors c/o Cathedral Drive Farrell, PA 16121 Meiling Address: STATE ETHICS COMMISSION P.O. BOX 1179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 e March 28, 1983 ADVICE OF COUNSEL RE: Candidacy for Public Office, Authority Membership Dear Mrs. Heath: 83 - 524 This responds to your letter of March 13, 1983', in which you requested advice from the State Ethics Commission. Issue: You ask whether you may concurrently run for office and serve as a member of redevelopment authority board. Facts: You indicate that you are currently appointed and serving as a member of the Redevelopment Authority Board of the City of Farrell, hereinafter the Authority. You indicate that as a member of the Board you have been appointed to that position by City Council and,do not receive compensation for your services, other than reimbursement for actual expenses incurred in carrying out your duties as an Authority Board member. While the Authority Board of Directors does not establish policy for the City of Farrell, they do direct and oversee the activities of the Authority itself. You were specifically appointed to the Authority by City Council to direct the activities of the Authority in regard to federal and state grants received by the City after applying to the stag or federal governments for such funds. Currently the Athority administers community development block grant funds, urban redevelopment action grants and neighborhood preservation support system monies granted throught the Department of Community Affairs of the Commonwealth of Pennsylvania. You are seeking political office in that you have filed petitions to _secure a position on the City Council of the City of Farrell. You indicate that if elected, you intend to resign from the Authority. State: Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Nelle C. Heath March 28, 1983 Page 2 Discussion: There is some question as to whether or not you should be considered a "public official" within the current definition of that term as contained in the Ethics Act. See 65 P.S. 402. The definition currently excludes those persons who are pointed to their position and are not compensated, other than reimbursement for actual expenses. While the ruling of the Supreme Court in Snider v. State Ethics Commission, 436 A.2d 593 (1981), may have cast some doubt upon this exclusion contained in this definition of "public officia=l ", the State Ethics Commission has not interpreted this ruling, to date, to require non - compensate and appointed persons such as members of the Authority Board to be considered "public officials" subject to the provisions of the Ethics Act. Thus, technically, you may not even be considered a "public official" and as such your conduct would not necessarily be required to conform to the requirements of the Ethics Act. However, in order to provide you with some direction and affirmative response, I should state that even if you were considered to be a "public official" within the purview of the Ethics Act, the Ethics Act would not preclude the candidacy which you have undertaken. Specifically, the Ethics Act does not contain any per se prohibition against a public official or public employee seeking other office or employment. The Ethics Act does not contain any prohibition against the simultaneous service to the Authority as you propose and candidacy for City office. This conclusion does not address any inherent incompatibility that such activity may impose under any code, statute or rule other than the Ethics Act. Our response is limited to the question of whether or not this proposed activity and service presents any problem under the State Ethics Act. Of course, as you are probably already aware, 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: (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 with the requirements of Section 4(b) of the Ethics Act which you have probably already been aware of, as follows: Nelle C. Heath March 28, 1983 Page 3 (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, if you were, as an Authority member, to be considered to be a "public official" under the Ethics Act, you could not use your position on the Authority to benefit your campaign for City office. You could not within this requirement, for example, use personnel, facilities, etc. of the Authority to enhance, conduct or support your campaign for City office. See Section 3(a) of the Ethics Act, 65 P.S. 403(a) and 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 an Authority Board member as described above. Assuming that as an Authority Board Member you would be considered a "public official" or that you may wish to abide by the guidelines set out above on a voluntary basis if you are not a "public official" within the coverage of the Ethics Act, the cautions and directives set forth 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. 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. Chr stianson General Counsel