HomeMy WebLinkAbout83-573 DeMasyDavid DeMasy
316 Shenango Boulevard
Farrell, PA 16121
Meiling Address:
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
July 8, 1983
ADVICE OF COUNSEL
RE: Service in Office, Running for Office
Dear Mr. DeMasy:
83 -573
This responds to your letter which was originally forwarded to the Ethics
Commission as of March 25, 1983, and which was sent to us certified (No.
P376717209) and signed for by a representative of the State Ethics Commission
as of March 28, 1983, in which you requested advice from the State Ethics
Commission.
Issue: You ask whether, under the State Ethics Act, there are any
prohibitions against your running for or serving in office under certain
circumstances.
Facts: Initially, I must indicate, as I communicated to you on July 5, 1983,
that we have not acted upon your initial request because we have been unable
to locate the letter which we had received as of March 28, 1983. I again
apologized for this error on our part but proceed to answer your question
under the factual circumstances related below. You indicate that in 1974 you
pled guilty to a charge of a third degree misdemeanor involving your expense
account and you made restitution in relation to this matter of some $1600. In
addition, you were sentenced to serve between 11 -1/2 to 23 months and did, in
fact, serve some of this sentence before being placed on probation.
Further, you have become a candidate for nomination to Council and you
have won the nomination and will appear on the ballot in the general election
to be held November, 1983.
Discussion: As a candidate for public office and a Council - person, if elected
to public office, your conduct in some respects, especially as an elected
public official, would be subject to the requirements of the Ethics Act.
However, as a candidate for public office or even as a public official, if you
were to be elected to Council, you should be advised that there is no
prohibitions in the Ethics Act against your running for public office under
the circumstances described above. Additionally, the Ethics Act does not
preclude your being sworn in or holding or being paid for serving in public
office because of your former (1974) guilty plea, as described above.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
David DeMasy
July 8, 1983
Page 2
You should be aware, however, that this Advice addresses the restrictions
and prohibitions which might be contained in the Ethics Act. This Advice does
not and cannot serve as "clearance" or as a legal ruling as to your
eligibility for office under any law other than the Ethics Act, any
constitutional provisions, or any provisions of any county or municipal codes
which might otherwise be applicable to this situation.
Conclusion: The Ethics Act does not contain any provision which would
prohibit you from running for office or serving in office under the
circumstances described above. This Advice is limited to an interpretation of
and the application of the principles and provisions of the Ethics Act.
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,
andra S. C1r stianson
General Coun el