HomeMy WebLinkAbout83-629 PistellaFrank J. Pistella, Member
House of Representatives
Commonwealth of Pennsylvania
House P.O. Box 135
Harrisburg, PA 17120
RE: Hospital Solicitations
Dear Representative Pistella:
Mailin Address
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (7171 783 -1610
December 16, 1983
ADVICE OF COUNSEL
83 - 629
This responds to your letter of December 8, 1983, in which you requested
advice from the State Ethics Commission.
Issue: You ask whether there is a conflict in your participation in a
fund - raising project described below.
Facts: You currently serve as a member of the State Legislature in the 21st
Legislative District. You have been approached by a constituent and asked to
solicit funds for a capital building project being undertaken within your
Legislative District by St. Francis General Hospital, hereinafter the
Hospital. This project of the Hospital will consist of new buildings to be
constructed for the purposes of new laboratories, medical offices, and patient
care units.
Discussion: As an elected member of the State House of Representatives, you
are a "public official" as that term is defined in the State Ethics Act and
accordingly, you must conform your conduct to the requirements of the State
Ethics Act. However, there is nothing in the State Ethics Act which would
declare that it is inherently a conflict for you to participate in the
fund - raising effort described above. Specifically, while the Ethics Act
states that no "public official" may use his public office to secure personal
financial gain for himself or a business with which he is associated, there is
nothing in the facts -which you have presented which would lead us to believe
that you will be receiving any financial gain from your participation in this
fund- raising project. Likewise, you have, presented no facts to show that you
enjoy a relationship with the Hospital which would place this Hospital within
the definition of the term "business" or to show that you are "associated
with" the Hospital to whose benefit your activity might constitute a gain.
The term "business" and "business with which he is associated" in the Ethics
Act include:
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Frank J. Pistella, Member
December 16, 1983
Page 2
SSC /rdp
"Business." AT corporation, partnership, sole
proprietorship, firm, enterprise, franchise, association,
organization, self - employed individual, holding company,
joint stock cc pany, receivership, trust or any legal
entity organized for profit 65 P.S. 402.
"Business wits which ho is associated." Any business in
which the pc-son or a member of the peeson's immediate
family is a director, officer, owner, employee or holder
of stock. 65 P.S. 402.
Finally, evert :i the Hospital were such a "business" and even if the
solicitation does produce a gain for the Hospital, there is no evidence that
in your activities you would be using your public office in these solicitation
efforts in a manner which would be inappropriate under the Ethics Act.
Generally, the Ethics Act does not preclude a public official or public
employee from participating in activities such as you have outlined above.
See Golden, 80 -051 where under a similar limited circumstances, it was found
not to be. violation of the Ethics Act or any appearance of a conflict of
interest for a public employee to solicit funds through written material and
other documents for a non- profit educational corporation.
Conclusion: There is no conflict of interest or appearance of a conflict of
interest under the Ethics Act if you are to participate in this fund - raising
effort as outlined 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 fait's
conduct in any other civil or criminal proceeding, providing the requester 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 Adv +ce pursuant
to 51 Pa. Code 2.12.
Sincerely,
4
ndra S. Ch stianson
General Counsel