Loading...
HomeMy WebLinkAbout83-624 BairdRobert D. Baird, Esquire 616 Miller Avenue Clairton, PA 15025 Dear Mr. Baird: Mailing Address STATE ETHICS COMMISSION P.O. BOX 1179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 December 8, 1983 ADVICE OF COUNSEL RE: Councilman, Vacancy in Office of Mayor 83 -624 This responds to your letter of November 30, 1983, in which you, as Solicitor, requested Advice from the State Ethics Commission. Issue: You ask whether or not a Councilman may vote for himself to be appointed to the vacant position of Mayor. Facts: As Solicitor for the City of Clairton you indicate that there is currently a vacancy in the office of Mayor. Further you ask whether a Councilman who wishes to become a candidate for appointment to that office of Mayor may vote for himself in the process of such appointment. You have already indicated that in your opinion the Councilman cannot vote for himself to be appointed as Mayor because he would be voting for something in which he has a direct personal and pecuniary interest. You indicate that the office of Mayor is one for which a salary or compensation is provided. Discussion: As an elected official the Councilman is a "public official" whose conduct must conform to the requirements of the Ethics Act. The Ethics Act requires more specifically that the public official must not engage in any "Restricted Activities" as set forth specifically below: (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). State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Robert D. Baird, Esquire. December 8, 1983 Page 2 It is obvious that the office of Mayor provides Compensation to the Councilman were he to be appointed to this position. Although the compensation would be provided to him by law as Mayor if he were �.ppointed to that position, you are correct that the Councilman should not use his current office as Councilman to secure the office of Mayor and the compensation attendant to that office. Thus, under Section 3(a) of the Ethics Act: The Councilman may not vote to appoint himself as Mayor. Additionally, the Councilman she 1d refrain from any votes or discussions of Council with - respect to this appointment. In particular, if the Councilman can by his votes in opposition to other candidates for the office of Mayor effectively direct the appointment to himself, he may not then, even as to other candidates for appointment to the office of Mayor, participate in the decisions and discussions of Council. See O'Reilly /Johnston,, 83 -012. Such abstention is also required in order to conform this individual's conduct to the requirements of Section 1 of the Ethics Act which provides as follows: The Legislature hereby declares that public office is a public trust and that any effort to realize personal financial gain through public office other than compensation provided by law is a violation of that trust., In order to strengthen the faith and confidence of the people of the State in their government, the Legislature further declares that the people have a right to be assured 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. Because public confidence in government can best be sustained by assuring the people of the impartiality and honesty of public officials, this act shall be liberally construed to promote complete disclosure. 65 P.S. 40L.. Under Section 3(a) and Section 1 of the Ethics Act, this Councilman may not vote or participate in Council's decisions regarding the filling of the vacancy in the office of Mayor as discussed above. Conclusion: The requirements of the Ethics Act must be met by this individual Councilman and his conduct must conform to the above discussion. Specifically, he may not vote under the circumstances outlined above and must, in addition, place the reasons for his abstention on the public record. Robert D. Baird, Esquire December 8, 1983 Page 3 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 cc: Jane Finley Doug Reed Sincerely, Sandra S. Chrrfstianson General Counsel