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HomeMy WebLinkAbout83-551 GerhardMr. Robert C. Gerhard, Jr. 619 Custis Road Glenside, PA 19038 RE: Newsletter Distribution and Funding Dear Mr. Gerhard: Matin Address: STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEP) ONE: (717) 783 -1610 May 24, 1983 ADVICE OF COUNSEL 83 -551 This responds to your letter of April 13, 1983, in which . you requested advice from the State Ethics Commission. Issue: You ask whether a newsletter, distributed by you as a Township Commissioner, may be funded by you personally or by a centralized political organization. Facts: You are a Township Commissioner for Cheltenham Township and will be seeking re- election this year. In the past, you have personally distributed newsletters to residents in the area that you represent in order to keep them up to date with Township events. You have paid for and distributed the newsletter at you own expense, and mention of that personal expense is made on the newsletter itself. This year you intend to distribute another newsletter to the constituents in your district. You have signed an agreement to have one centralized (campaign) treasurer appointed to handle all fiscal affairs for other candidates running for office. You would like to know whether you are permitted to pay for this newsletter on your own or whether it must be paid for by a centralized (campaign) political organization. Discussion: Initially, we note, we can respond only to questions raised under the Ethics Act and issues involving the financing of campaigns under other applicable laws can only be answered by those empowered to administer said law. This ruling should not be interpreted as "clearance" to act under any other such statutes. State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Mr. Robert C. Gerhard, Jr. May 24, 1983 Page 2 Under the Ethics Act it is clear that Section 3(a) of the Ethics Act prohibits the use of public office for personal financial gain. 65 P.S. §403(a). An elected official may not use his office -- or in this case public money which is to be expended only for official purposes -- to secure or primarily advance his own official goal of re- election. An official, however, when running for re- election, should not be restrained because of Section 3(a) from conducting his official business during, or prior to, his campaign. The question, therefore, can be reduced to whether the mailing in question consti- tutes official business or not. If not, the mailing amounts to a personal activity, and you are entirely within the limits of the Ethics Act in your financing the newsletter with personal funds. If the newsletters are considered to be official business, if the Township formally approved and issued same, public funds could be used to underwrite same. In examining the sample newsletter you enclosed with your request for advice, the Commission is of the opinion that this letter does not solicit votes, specifically appeal for political support, refer to political oppo- nents, or appear to be primarily designed to advance your electoral prospects. See Rappaport, 82 -126 -C and McClatchy, 82- 130 -C. Although we recognize that political opponents, especially, non- incumbents, could arrive at a different conclusion, our analysis of the mailing indicates that your purposes are primarily of an informative nature as opposed to a vote - soliciting nature. Where the prime objective of the mailing is informational rather than a scheme to promote a personal re- election bid and where, as here, payment for this - newsletter is from private funds, a conflict or an appearance of a conflict of interest with the public trust does not generally arise even where Township stationery /names /logos /etc. are included. Richards, No. 172 -C. Conclusion: Your newsletters appear to be of an informative nature rather than a vote - soliciting nature, and may be disseminated using your private funds without violating the Ethics Act. Even though you use the logo and letterhead of the Township while paying for this mailing with your own funds, you may, without violating the Ethics Act, continue to finance the newsletter out of your own funds as long as you do not solicit votes or directly campaign for re- election in the newsletter and there is no misleading or apparent official endorsement by use of the Township name and logo. Mr. Robert C. Gerhard, Jr. May 24, 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. CW /rdp Sincerely, dra S. Chris ianson General Couns