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Home My WebLink About83-530 ShirkKenelm L. Shirk, III, Esquire Shirk, Reist & Posey P.O. Box 1552 Lancaster, PA 17603 Mating Address. STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 April 6, 1983 ADVICE OF COUNSEL RE: Political Activity, Employment on Police Force Dear Mr. Shirk: This responds to your letter of March 25, 1983, in which as solicitor, requested advice from the State Ethics Commission. Issue: You ask whether certain persons may concurrently engage in political activities or run for office and be employed by a second class township. Facts: You indicate that you are a solicitor for a second class township, East Cocalico, hereinafter the Township. The Township is a second class township which operates a police force consisting of the chief of police and a number of patrolmen. It is possible that the chief of police and /or one or more of the partrolmen may wish to become involved in partisian political activities by either becoming a member of a political committee or running for public office in the Township. You indicate that your research has revealed no direct prohibition on this type of activity in the Second Class Township Code but you question whether there may be a potential for conflict of interest in such a circumstance because the police chief and the patrolmen are appointed to their positions which they hold "at will" of a Board of Supervisors whose membership consists of elected officials. Discussion: Assuming, without deciding that the chief of police and the other employees of the police force are "public employees" within the purview of the Ethics Act, it can be stated that the Act itself does not contain any prohibition against the simultaneous service to a municipality and a person's participation in a political activity or candidacy for public office. This conclusion does not address any inherent incompatibility in such activity under any code, statute, other than the Ethics Act. Our response is limited to the question presented under the provisions of the State Ethics Act. State Ethics Commission • 308 Finance Building • Harrisburg. Pennsylvania 83 -530 Kenelm L. Shirk, III, Esquire April 6, 1983 Page 2 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 which states as follows: (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 public official, public employee or candidate for public office must comply with the provisions of the Ethics Act as contained in Section 4(b) 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, public employees engaging in partisian political activities or running for office should be cautioned that no public official or public employee may use his public office or confidential information from holding . 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), public employees are prohibited from using their current position to benefit any campaign or political activity they may undertake. Thus, within this requirement, public employees would be prohibited from using personnel, facilities, etc. of the Township or the police department to enhance, conduct, or support their own candidacy or the partisian political purposes they support. See Cessar, 82 -002 and McClatchy, 872 - 130 -C. Conclusion: The Ethics Act does not contain any per se prohibition against the above - referenced "public employees" insofar as they may seek to engage in partisian political activities or to become candidates for public office except as outlined above. The cautions and directives outlined above, however, should be observed should these "public employes" undertake the activities you suggest. Kenelm L. Shirk, III, Esquire April 6, 1983 Page 3 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, ndra S. Chr General Cou el tianson