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Home My WebLink About83-584 BeastonMr. Lawrence Beaston Juaniata County Courthouse Annex North Main Street Mifflintown, PA 17059 Dear Mr. Beaston: "1 »tea Mailing Address. STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 August 17, 1983 ADVICE OF COUNSEL RE: Chief Probation Officer, Political Activities 83 -584 This responds to your letter of February 23, 1983, in which you requested advice from the State Ethics Commission. Issue: You ask whether, in your post as a Chief Probation Officer, it is proper for you to sign candidates petitions, attend political rallies, or party dinners or run for political office. Facts: You are the Chief Probation Officer for the Juaniata County Court of Common Pleas. You ask whether the Ethics Commission has rendered any opinions in relation to what types of partisan political activities you may undertake or to render such an opinion. Specifically, you are interested in whether or not you may sign nomination petitions, attend political parties or dinner rallies or run for political, office. In your role as Chief Probation Officer, you are appointed by the Court of Common Pleas, you are paid by the County, and you are subject generally to the oversight of the Court. In this capacity, you supervise two other probation officers. You have the authority to make normal office purchases but for large purchases you must get permission for such expenditures from the County Commissioners. You are, however, responsible for obtaining contracts with various institutions to place juveniles, but such contracts are standardized by the institution and you do not have final authority to write or effect such contracts. Basically, your role is to provide the Court with recommendations regarding replacement of juveniles, with the Court making the final decision in each case. State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Mr. Lawrence Beaston August 17, 1983 Page 2 Discussion: Initially, it should be noted that as a statutory authority the jurisdiction of the Ethics Commission and its powers to interpret this Act are strictly limited to the authority granted to the Commission in 65 P.S. 401 et seq. Thus, the Commission has no no authority to interpret and /or enforce the provisions of other codes or rules of Court and this Advice should not be construed as "clearance" to act under any rules, laws, etc., other than the Ethics Act. Our response is limited to the question presented and interpreted under the provisions of the State Ethics Act. Accordingly, this Advice does not address any inherent incompatibility or restrictions placed upon your possible conduct vis -a -vis your current post with respect to any other code, statutes, regulations, or administratively imposed requirements other than the Ethics Act. With regard to certain provisions of the Ethics Act, you are clearly bound by these provisions insofar as you are a "person" and a candidate for public office. These provisions of which you should be aware as both a "person" and as a possible candidate for public office would be Section 3(b) and 4(b) of the Ethics Act, 65 P.S. 403(b) and 404(b) respectively. Section 3(b) of the Act provides: (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). Thus, if you were to become a candidate for public office, you would be required to observe the provisions of Section 3(b) both as a person and as a candidate for public office. Likewise, Section 4(b) of the Ethics Act provides that even a candidate for public office must file a Financial Interest Statement with Ethics Commission prior to submitting nomination petitions. Likewise, as a '`person" you could not give or offer anything of value to a public employee /official or candidate to influence his /her conduct. Thus, even if you are not a "public employee ", you would certainly be subject to these portions of the Ethics Act. Mr. Lawrence Beaston August 17, 1983 Page 3 In determining whether the Ethics Act is otherwise applicable to or impacts upon your proposed conduct in general we must address the question of whether your are a "public employee" within the definition and scope of the Ethics Act. In this respect, we note that the Commission regulations, 51 Pa. Code 1.1(iv)(b) indicate that a "probation officer" would not generally fall within the definition of "public employee" who would be subject to the requirements of the Ethics Act applicable to such employees. However, as a Chief Probation Officer, we will assume, without deciding, that you are a "public employee" who may be subject to the provisions of the Ethics Act that would generally be applicable to "public employees." Given this assumption, there is no precedent from this Commission which would indicate that the activities which you proposed would be prohibited. However, as you are probably aware, Section 10 of the Act provides: Nothing in this act, or in any other law or court rule shall be construed to prohibit any constable or any employee of a court of common pleas, the Municipal Court of Philadelphia, the Traffic Court of Philadelphia, or any employee of a district justice from also being an officer of a political body or political party as such terms are defined in the act of June 3, 1937 (P.L. 1333, No. 320), known as the "Pennsylvania Election Code," and the same may hold the office of a county, State or national committee of any political party, and may run for and hold any elective office, and may participate in any election day activities. 65 P.S. 410. While nothing in the Ethics Act per se, nor the Commission's precedent would prohibit you, as a Chief Probation Officer, from engaging in the activities which you suggest (even assuming that you are considered a "public employee "), it is not our province to interpret and /or enforce other Commonwealth rules or regulations or those of the Courts. Thus, your attention should be directed to 42 P.S. 2301 and the cases there under which prohibit political activity by court employees. See especially, In re Prohibition of Political Activities By Court Appointed Employees, 473 Pa. 554, 375 A.2d 1257 (1977); Ottaviano v. Barbieri, 478 Pa. 235, 386 A.2d 527 (1978); In Re Novalski, 478 Pa. 243, 386 A.2d 530 (1978); Novalski v. Barbieri, 487 Pa. 589, 410 A.2d 768 (1980); and Hoch v. County of Fayette, 541 F.Supp. 778 (1982). Mr. Lawrence Beaston August 17, 1983 Page 4 Conclusion: Nothing in the Ethics Act would prevent you, as Chief Probation Officer, from engaging in the activities you suggest such as signing nomination petitions, attending political rallies and diners, or running for office, even assuming (without deciding) that you are a public employee under the Ethics Act. However, as outlined above, you should be alert to the other prohibitions which may be applicable to such conduct. 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. SSC /rdp 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. Sincerely, 1,14i Sandra S. Chr General Counsel tianson