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HomeMy WebLinkAbout83-541 StreetT. Milton Street, Senator Third Senatorial District Senate P.O. The State Capital Harrisburg, PA 17120 RE: Staff Activities, Legal Fees Dear Senator Street: Madm Address STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPF4ONE: (71 783 -1610 April 28, 1983 ADVICE OF COUNSEL State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania 83 -541 This responds to your letter of March 29, 1983, in which you requested advice from the State Ethics Commission. Issue: You ask whether individuals on your staff may organize or coordinate fund raising efforts on your behalf to pay legal fees that may have been incurred in your political activities. Facts: Basically, you indicate that an individual on your staff contemplates organizing and coordinating efforts designed to raise money. These monies would be used on your behalf in payment of legal fees that you may have encountered in your political activities. Discussion: As a Senator, you are clearly a public official as that term is defined in the Ethics Act and as such your conduct must conform to the requirements of the. Ethics Act. See definitions, Section 2 of the Ethics Act, 65 P.S. 402. The Ethics Act in Section 3(a), 65 P.S. 403(a), indicates that no public official may use his "public office ... to obtain financial gain other than the compensation provided by law for himself .... ", In addition, Section 1 of the Ethics Act states the people of the Commonwealth have a right to be assured that the financial interests of public officials presents neither a conflict nor the appearance of a conflict with the public trust. See 65 P.S. 401. As you are aware, in interpreting the provisions of the Ethics Act the Ethics Commission has recently ruled that the use of a district office for personal, political fund raising creates at least the appearance of a conflict between the official's personal financial interests and his duties as a public official. Street, 81 -005 and Petrone, 81 -637. This first ruling indicates that the use of a district office telephone number as a contact point by an independent group raising funds for personal use creates the appearance of a conflict and is prohibited by the Ethics Act. Similarly, any use by your staff to raise funds to underwrite payment of your political -legal debts of offices, facilities, etc., provided for the execution of your public responsibilities must be avoided. See Cessar, 82 -002. T. Milton Street, Senator April 28, 1983 Page 2 However, the mere fact that the organization and coordination contemplated is being undertaken` by a member of your staff does not necessarily violate the Ethics Act so long as the individual staff member is utilizing his or her own time and does not utilize state facilities as outlined above. Conclusion: So long as the restrictions discussed above are observed, a staff member may organize and coordinate a fund - raising effort as contemplated. 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, mato dra S. Ctfri ianson General Counse