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HomeMy WebLinkAbout83-557 SeamanMr. Ronald R. Seaman Berks County Courthouse Sixth & Court Streets Reading, PA 19601 Dear Mr. Seaman: Mailing Address. STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 May 31, 1983 ADVICE OF COUNSEL 83 -557 RE: Political Committee Treasurer; Chief Clerk; Conflict of Interest This responds to your letter of April 11, 1983, in which you requested advice from the State Ethics Commission. Issue: You ask whether you, as treasurer to four (4) separate political committees, may also serve as Chief Clerk to the Board of County Commissioners and Chief Clerk to the Elections Board of Berks County. Facts: You currently serve as treasurer of four (4) separate political committees. Recently, you were appointed as Acting Chief Clerk of Berks County and will probably be named Chief Clerk in the future. You now serve as Chief Clerk to the Board of County Commissioners and Chief Clerk of the Elections Board of Berks County. You have been informed that the State Elections Code does not prohibit holding both positions as treasurer of a political committee and Chief Clerk. However, you are concerned that a possible conflict of interest may exist where you as political committee treasurer would be responsible for filing certain political expense reports with yourself as Chief Clerk. Notably, under the Campaign Finance Act (CFA), as the authority who receives campaign expense reports, you control and supervise the "clocking -in" of these reports, the review of same as to timeliness, and the assessment of "late" fines provided for in the CFA of those Committees /candidates required to file same with the County, which includes the four committees you serve as treasurer. Discussion: Initially we note that the jurisdiction of the Ethics Commission is strictly limited by the Ethics Act, 65 P.S. 402 et seq., and, therefore, this opinion discusses only your duties and obligations under that Act in relation to the question presented. State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Mr. Ronald R. Seaman May 31, 1983 Page 2 The Ethics Act does, however, govern the conduct of public officials. The statutory definition of "public official" includes all elected or appointed officials and political subdivisions of the Commonwealth. See 65 P.S. 402. Clearly, as an appointed official (Chief Clerk) of Berks County, you would be a public offic ?al within the meaning of the Ethics Act. As such, the statute governs your conduct. However, it is not always a conflict of interest per se to hold two posts. According to the decisions of the Ethics Commission, a conflict of interest exists when an individual represents or is employed by two or more persons whose interest are adverse to one another. See Alfano, 80 -007. Essentially, the County and the political committees ought not to have interests adverse to each other. However, you indicate that you expect to be made Chief Clerk in the future. In this post you will be in a position to receive and "clock -in" and review for timeliness the CFA reports filed by the committees you serve as treasurer. You would also perform this function for committees opposing the committees you serve. Most important is your responsibility for reviewing these filings and "fining" late - filers. First, 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, under this provision of the Ethics Act, Section 3(a), 65 P.S. 403(a), you may not use your current or future position as Chief Clerk, to benefit either yourself or any of the political committees which you serve as treasurer. The possibility of a conflict of interest in that as treasurer for these political committees you would be responsible for filing certain political campaign expense reports with yourself as Chief Clerk would not be alleviated by full public disclosure of your simultaneous service to all entities as both treasurer and Chief Clerk and by removal of your personal involvement in any discretionary responsibility or action you may have with respect to the filing of such campaign reports. It is our impression that the filing and acceptance of these reports inherently involves a discretionary function, especially, as to levying of late -fines which could be used to the benefit of the committee you serve as treasurer. We perceive such an inherent possibility of a conflict in this situation to warrant precluding your proposed activity. You should not be in a position to benefit the political committees you serve as treasurer in any way as Chief Clerk and you must refrain from so acting. Conclusion: The Ethics Act does not contain any per se prohibition against your holding the position of treasurer for the various political committees that you serve and your simultaneous service as chief clerk. Mr. Ronald R. Seaman May 31, 1983 Page 3 However, because (as Chief Clerk) you will have a discretionary non - ministerial role as recipient and reviewer of the CFA reports you will be required to file as treasurer of a political committee, you should not serve in both posts to avoid an appearance of a conflict with the public trust you hold as Chief Clerk. 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, andra S. General C ristianson unsel