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HomeMy WebLinkAbout86-542 FeeTne Honorable Thomas J. Fee Majority Caucus Secretary House of Representatives P.U. Box 81 Main Capitol Buildiny Harrisbury, Pennsylvania 1 /1'LU STATE ETHICS COMMISSION 308 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 April .3U, 198b ADVICE OF CUUI4SLL 86 -542 Re: Stationery, Commonwealth Seal, Official Title, Election Campaiyn Dear Representative Fee: This responds to your letter of April 1b, 19sb, wherein you requested an opinion trom the State Ethics Commission. Issue: Whetrrer a member of the House of Representatives may use the Commonwealth seal and the House of Representatives letterhead on stationery in support of the election campaign of his son it such stationery is paid for from private tunds. Facts: You are an elected member of the Pennsylvania House of Representatives and serve as the Majority Caucus Secretary tor the House. You have advised that you are consideriny usiny the official seal of the Commonwealth of Pennsylvania and the House of Representatives letterhead on stationery that will be used to support the candidacy of your son in the May, 198b primary election. You advise that the cost for the preparation of this stationery will be paid for from private funds and that no public funds will be used in support of this project. You have requested the advice of the State Ethics Commission as to whether any restrictions would be imposed in relation to the foreyoiny factual situation. Discussion: Initially, it should be noted that the State Ethics Commission may only address the question that you have posed within the purview of the State Ethics Act. Ine Commission may not address this issue under any other cude of conduct. Additionally, it should be noted that the advice that is set forth below has been issued witn the full approval of the members of the State Ethics Commission. The Honorable Thomas J. Fee April 30, 1986 Page 2 Generally, the State Ethics Act provides as follows: Section 3. Restricted activities. (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). Within the above provision of law, no public official may use his public position in order to obtain any financial gain for himself or a member of his immediate family or for a business with which he is associated. A member of one's immediate family is defined in the State Ethics Act as follows: Section 2. Definitions. "Immedi ate family." A spouse residing i n the person's household and minor dependent children. 65 P.S. 402. Under the above provision of law, this Commission has previously determined that public officials may not use their public office in support of their own election campaign or in support of the election campaign of members of their immediate family. This would include the use of their district office, public facilities, materials, supplies, or personnel in support of such campaign. In the instant situation, however, you are not attempting to support your own election campaign. Additionally, it appears as though your son is not a member of your immediate family as set forth in the definition in the State Ethics Act. Therefore, Section 3(a) of the State Ethics Act, cited above, would appear to be inapplicable to the current situation. In addition to the above provision of law, however, the State Ethics Act provides that the State Ethics Commission may also address other areas of possible conflict. 65 P.S. §403(d). Generally, the parameters of the type of activity encompassed by this provision of law may generally be determined by reviewing the purpose and intent of the State Ethics Act. The Act was promulgated in order to insure the public that the financial interest of their public officials do not conflict with the public trust. 65 P.S. §401. See, Alfano, 80 -007; Nelson, 85 -009. In issues regarding similar factual situations, the Commission has, in the past, placed certain restrictions upon a public official's activities in relation to election campaigns. At the outset, it should be noted that the Commission has previously held that a public official may use the Commonwealth seal, or a reasonable facsimile thereof, as well as his official title on stationery supporting election campaigns. See, Williams, No. 76. It should be further noted, however, that since the issuance of the William Order, the Commission has generally placed various restrictions upon the use of such items by a public official. For The Honorable Thomas J. Fee April 30, 1986 Page 3 example, the Commission has held that a public official may not use his Commonwealth telephone as a contact point for fund raising activities or for election campaign activities or other personal financial endeavors. See Street, 81 -005; Dorance, No. 456. Similarly, a public official may not use the Commonwealth mailing systems and postage meters for the dissemination of election or other campaign materials. Rappaport, No. 126; McClatchey, No. 130. Any elected public official may not use his district office in order to conduct campaign activities. Cessar, 82 -002. The Commission has held, as noted above, that a public official may use his official title in support of certain private endeavors. See Golden, 80 -051. As a result of the aforementioned opinions and orders of the State Ethics Commission, it is advised that the following guidelines should be observed in relation to your contemplated activities: 1. Use of the Commonwealth seal; the House of Representatives letterhead, and your official title is permitted. • 2. All stationery containing the aforementioned items should set forth a disclaimer indicating that the stationery is not official Commonwealth stationery and has been paid for with private funds. 3. You may not use the address of the Commonwealth offices, your legislative offices or your legislative phone number as contact poi nts. 4. The purchase of the stationery in support of your son's campaign should not be made through the House of Representatives and you may not take advantage of any special rates accorded to the House of Representatives by any printing company for the purchase of Commonwealth supplies. 5. You may not use the House mails or postage for dissemination of this materi al . 6. Finally, the content of the letter should not indicate or leave the impression that the letter is an official governmental document or part of your legislative function. As noted, the aforementioned guidelines have been set forth and issued with the full approval of the members of the State Ethics Commission. Conclusion: The State Ethics Act would not prohibit a member of the House of Representatives from using the Commonwealth seal, the House of Representatives letterhead, and his official title on stationery that will be employed to support the election campaign of his son, if such stationery is paid for from private funds. Such stationery should contain a disclaimer to that effect. The guidelines and restrictions set forth above should also be followed when prepari ng and disseminating this information. The Honorable Thomas J. Fee April 30, 1986 Page 4 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. Sincerely ohn J. .ntino Gener• Counsel n