HomeMy WebLinkAbout83-601 GettleMr. Gregory H. Gettle
Griest, Himes, Gettle,
Brillhart & Herrold
129 E. Market Street
York, PA 17401
Dear Mr. Gettle:
Marling Address
STATE ETHICS COMMISSION
P.O. BOX 1179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
October 13, 1983
ADVICE OF COUNSEL
RE: Candidacy for Public Office, School Board Solicitorship
83 -601
This responds to your letter of August 2, 1983, in which you requested
advice from the State Ethics Commission.
Issue: You ask whether you may concurrently run for the public office of York
City Councilmember and serve as Solicitor for the York City School Board.
Facts: You indicate that on August 1, 1983, you were appointed Solicitor for
the York City School Board. You are currently a candidate for York City
Council for the general election in November, 1983.
You are concerned that a conflict of interest may exist in the event that
you are elected in November to the York City Council, and you ask whether, if
such a conflict exists, you might still serve in both capacities and abstain
from voting on any matter in which a potential conflict might exist.
Discussion: Initially, the Ethics Commission notes that its jurisdiction and
power are strictly limited to the authority granted it in 65 P.S. 401 et seq.
Thus, it has no authority to interpret and /or enforce the provisions of other
codes, and this Advice should not be construed as "clearance" to act under
regulations, ordinances or laws other than the Ethics Act.
Although as part -time (we assume) Solicitor for the York City School
Board, the Ethics Commission would not have jurisdiction over your activities
in light of the Supreme Court's ruling in Ballou v. State Ethics Commission,
496 Pa. 127, 436 A.2d 186 (1981), the Commission's jurisdiction does extend to
you as a candidate for public office, and as a public official in the event
that you are successful in your bid for election to the York City Council.
See 65 P.S. 403(b) and 404(b).
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Mr. Gregory H. Gettle
October 13, 1983
Page 2
However, the Ethics Act does not contain any per se prohibition against
your simultaneous service as Solicitor for the York City School Board and your
candidacy for City Council office. Of course, as you are probably aware, all
candidates for public office must observe the requirements of the Ethics Act
insofar as they are contained in Section 3(b) of the Ethics Act:
(b) No person sr ►all offer or give to a public official or
public employee or candidate for public.offce 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).
If you are elected, you must also observe the requirements of Section
3(a) as follows:
(a) No public official or public employee shall use his
public office or any confidential information received
through his holding public office to obtain financial gain
other than compensation provided by law for himself, a
member of his immediate family, or a business with which
he is associated. 65 P.S. 403(a).
With reference to Sections 3(a) and 3(b) of the Ethics Act, 65 P.S.
Section 403(a) and (b) respectively, you must not use your public office as a
member of the York City Council (if elected) for the purpose of obtaining
financial gain other than the compensation provided by law. Likewise, as a
member of the York City Council, you could not accept any thing of value,
including the promise of future employment on the understanding that your
official conduct would be influenced thereby.
Also, while the Ethics Act does not contain any prohibition against the
simultaneous service which you propose, the Act does require that the conduct
of a public official must neither give rise to a conflict of interest nor the
appearance of a conflict of entrance with the public trust. See Section 1 of
the Ethics Act, 65 P.S. 401.
Mr. Gregory H. Gettle
October 13, 1983
Page 3
Thus, in order to avoid the appearance of any violation of the public
trust as required by Section 1 of the Ethics Act, you, as a member of the York
City Council, would have to abstain from participation in any discussion, vote
or other activity that would either affect the York City School Board, which
you serve as Solicitor. Such situations might occur on a case -by -case basis
and require abstention in isolated instances but should not preclude your
service to the York City Council or the School Board.
Conclusion: The Ethics Act imposes no per se prohibition on your simultaneous
service as Solicitor to the York City School Board and your candidacy for and
possible service as a member of the York City Council, so long as you conform
your conduct in these capacities to the requirements 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
Sincerely,
Sandra S. Christianson
General Counsel