HomeMy WebLinkAbout83-532 YugovichJohn P. Yugovich
625 Third Avenue
Verona, PA 15147
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
April 7, 1983
ADVICE OF COUNSEL
RE: School District Candidacy, Substitute Teaching
Dear Mr. Yugovich:
83 -532
This responds to your letter of March 17, 1983, in which you requested
advice from the State Ethics Commission.
Issue: You ask whether you may, within the confines of the Ethics Act,
continue to work for the school district in which you are a candidate in
office.
Facts: You indicate that for the past ten years you have been working as a
substitute teacher in several area school districts, including the Riverview
School District, hereinafter the School District. As of February 25, 1983,
you filed the necessary nomination petitions and Financial Interest Statement
to be a candidate for the nomination of the Democratic and Republican parties
for the position of school director with the Riverview School District.
You indicate that you realize that should you be successful in the
election and take office in the first week of December, 1983, you would
automatically be prohibited, I assume by virtue 'of the School Code, from
continuing your substitute school teacher work. You wonder, however, whether,
in the mean time, that is from the present until the primary date, on May 17,
1983, you may continue substitute teaching or in the alternative, if you are
successful in the primary, whether you may continue this substitute teaching
from May 17, 1983, up through the general election of November 8, 1983. After
that date, you again question whether or not, assuming that you might be
successful in the general election, you may continue to substitute teach from
November 8, 1983, until the date you would take the oath of office as a school
director.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
John P. Yugovich
April 7, 1983
Page 2
Discussion: You are, of course, by virtue of the facts stated above a
candidate for public office. However, the Ethics Act contains no prohibition
that would restrict a "candidate for public office" from continuing to be
employed by the municipality or political subdivision, in this case, the
School District, for the duration of that person's candidacy. In fact, the
Ethics Act does not contain any prohibition against the simultaneous service
to a political subdivision, here the School District, and a person's candidacy
for public office. This conclusion does not address any inherent
incompatibility of such activity under any code, statute, regulation, other
than the Ethics Act or any administratively imposed requirements. Our
response is limited to the question as presented in the provisions of the
State Ethics Act.
Of course, as you are already aware,all candidates for public office must
observe the requirements of Section 3(b) of the Ethics Act as set forth
below:
.(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).
Likewise, as you have already done, a candidate for public office must
comply with the requirements of Section 4(b) of the Ethics Act which requires
the filing of the Financial Interest Statement.
However, there is no provision of the Ethics Act or opinion of the Ethics
Commission which would indicate that it is unethical for you to continue to
work for the School District as a substitute teacher while you are undertaking
your candidacy for the office of school director within that district, so long
as the requirements of Section 3(b) and 4(b) of the Ethics Act as outlined
above are observed.
Conclusion: As to the specific question you proposed, whether it is ethical
for you to work in the school district as a substitute teacher while you
operate as a candidate for the office of school director, you are advised that
the Ethics Act does not contain any prohibition, nor has the Ethics Commission
issued any opinion which would preclude this activity.
John P. Yugovich
April 7, 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
Si cerely,
Sandra S. Chr tianson
General Counsel