HomeMy WebLinkAbout83-600 KizinaMr. Lyle M. Kizina
P.O. Box 409
Clearfield, PA 16830
Dear Kizina:
Mailing Address
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
October 13, 1983
ADVICE OF COUNSEL
RE: Public Employment, Political Activity, Concurrent Service
83 -600
This responds to your letter of September 19, 1983, in which you
requested Advice from the State Ethics Commission.
Issue: You ask whether you, as a municipal employee, may engage in political
activity without breeching the State Ethics Act.
Facts: You are employed as a Building Inspector by Lawrence Township in
Clearfield, Pennsylvania. In your capacity as Building Inspector, your main
duty is to issue building permits to residents of Lawrence Township. You
point out that you are a hired public employee rather than an elected public
official.
You have been working on the political campaign of an individual who is a
candidate for supervisor in Lawrence Township. Your work for this candidate
has been performed on your own time, and consists of general campaign duties.
The question has arisen whether such activity conflicts with the provisions of
the State Ethics Act, and you have, therefore, requested a ruling from the
Commission as to what, if any, restrictions are placed on you as a public
employee with regard to your political activity.
Discussion: The Pennsylvania State Ethics Act, 65 P.S. 401 et seq., was
enacted to insure the public that "the financial interests of holders of or
candidates for public office present neither a conflict nor the appearance of
a conflict with the public trust." The Ethics Act defines "public employee"
as:
"Public employee." Any individual employed by the
Commonwealth or a political subdivision who is responsible
for taking or recommending official action of a
nonministerial nature with regard to:
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Mr. Lyle M. Kizina
October 13, 1983
Page 2
(1) contracting or procurement;
(2) administering or monitoring grants or
subsidies;
(3) planning or zoning;
(4) inspecting, licensing, regulating or auditing
any person; or
(5) any other activity where the official action
has an economic impact of greater than a de
minimus nature on the interests of any person.
"Public employee" shall not include individuals who are
employed by the State or any political subdivision thereof
in teaching as distinguished from administrative duties.
As a Building Inspector for Lawrence Township, you are a "public
employee" within the purview of the Ethics Act. You should note, however,
that the Act itself does not contain any per se prohibition against your
simultaneous public employment and participation in a political activity or
candidacy for public office. We note that this conclusion does not address
any inherent incompatibility in such activity under any code or statute other
than the Ethics Act, and our response is limited to the question presented
under the provisions of the State Ethics Act.
Under the facts as you have presented them, as a public employee engaging
in political activities even though there are no per se prohibitions against
such activities, you should be aware of the restrictions placed upon you by
Section 3(a) and 3(b) of the Act. See 65 P.S. Section 403(a) and (b).
Section 403(a) of the Act, states that no public official or public employee
may use his public office or confidential information obtained from holding
such office to obtain financial gain other than the compensation provided by
law. As such, under this provision of the Ethics Act, public employees are
prohibited from using their current position to benefit any campaign or
political activity they may undertake. Thus, within this requirement, as a
Building Inspector for Lawrence Township, you would be prohibited from using
any personnel, facilities, etc. of the Township to enhance, conduct, or
support any of the political purposes or activities which you support as a
private citizen.
You should also be aware of the restrictions placed upon you by Section
3(b) of the Act, which states as follows:
Mr. Lyle M. Kizina
October 13, 1983
Page 3
(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).
In light of these restrictions, as a Building Inspector and as a person in
general, you could not use your position or accept anything of value
(including promise of future employment) in any manner to influence the
election of the candidate you support in return for favorable official
action.
Conclusion: While the State Ethics Act does not contain any per se
prohibition against your simultaneous public employment and your participation
in a political activity, as a public employee and a "person ", your conduct
must conform to the guidelines of Sections 3(a) and 3(b) as discussed above.
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
Sandra S. Christianson
General Counsel