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HomeMy WebLinkAbout86-617 PollockMr. Mark H. Pollock Member, Council City of Pittsburgh Room 510) City- County Ruilding Pittshurgh, Pennsylvania 15219 Mailing Address State Ethics Commission 308 Finance Building P. 0. Box 11470 Harrisburg, Pa. 17108 -1470 Novemher 4, 19R5 Af1VICF OF rrnINSEL Re: City Councilmemher, Private Fund Raising Activities 86 -617 Hear Mrn Pollock: This responds to your letter of October 10, 1986, wherein you requested advice from the State Ethics Commission. Issue: Whether the State Ethics Act presents any prohihitions upon your private fund raising activities while you serve as a member of a city council. Facts: You advise that you currently serve as an elected member of the Pittshurgh, Pennsylvania City Council. Prior to your election to that office you participated in charitahle fund raising activities. You advise that you would like to continue with these activities hut you have requested the advice of the State Ethics Commission as to whether your position, as an elected official, in the City of Pittshurgh, would prevent your proposed conduct in this respect within the purview of the State Ethics Act. As such, you have requested the advice of the State Ethics Commission in relation to this matter. 9iscussion: As an elected city official, serving as a councilmemher in the City of Pittshurgh, you are clearly a puhlic official as that term is defined in the State Fthics Act. 65 P.S. ti4f12. As such, your conduct must conform to the requirements of that law. Pollock, R5 -539. While the Ethics Act presents no per se prohihiton upon the type of activity in which you seek to engage, the Ethics Act does have certain restrictions that could he applicahle sander certain circumstances. State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Mr. Mark H. Pollock Wovemher 4, 19R6 Page 2 Initially, the State Ethics Act provides as follows: Section 3. Restricted activities. (a) No puhlic official or puhlic employee shall use his puhlic office or any confidential information received .through his holding puhlic office to obtain financial gain other than compensation provided hy law for himself, a memher of his immediate family, or a husiness with which he is associated. 65 P.S. 403(a). Within the above provision of law, this Commission has, on numerous occasions, determined that a puhlic official cannot use his current puhlic office in order to advance his private endeavors. This is so, even though these private endeavors may benefit a charitahle organization. See, Golden, 83 -613. As such, and hased upon prior Commission precedent, you may not use your current puhlic office, a city councilperson, in order to advance any fund raising activities for the organizations with which you are involved. In this respect, you may not use the personnel, facilities, equipment, or other accommodations of your puhlic office in order to advance your private fund raising activity, See, Street, R1 -lfl5. Similarly, you may not use confidential information obtained in your puhlic position in order to benefit the organizations with which you are involved. In addition to the foregoing, the Commission has the authority to address other areas of possihle conflict. 65 P.S. 64f11(d). The parameters of the types of activities encompassed, hy this particular provision of law, are generally determined through a review of the intent and purpose of the State- Ethics Act as outlined therein. Generally, the State Ethics Act was promulgated in order to ensure the citizens of this Commonwealth that the financial interest of their puhlic officials do not conflict with the puhlic trust. 65 P.S. Thus, this Commission has determined that a conflict would exist in any situation where the individual puhlic official attempts to serve one or more interest that are adverse. See, Alfano, Rf)- flfl7. Of particular concern, in this respect, would he the development of circumstances where you, as a puhlic official, may he called upon to make a decision, or exercise your official duties in relation to a particular individual or organization from whom you have solicited such contrihutions. Such circumstances mild result in an actual conflict of interest in your position as an elected city councilmemher. Additionally, if private entities and individuals have matters currently pending before the city council and they are requested hy a memher of city council to contrihute to a particular organization, these individuals may, in fact, feel compelled to make such a contrihution. In this respect, while there is no intention, through this advice, to indicate that you or any other memher of a puhlic body would have such considerations in mind when acting, that may not alleviate the potential that a private individual, in fact, helieves that this is what is occurring. Thus, in order to avoid the development of such a conflict of Mr. Mark H. Pollock November 4, 19P6 page 3 interest, it would he the hetter practice for you, as a city councilmemher, to abstain from participating in any matter that involves an individual from whom you have or can reasonahly foresee soliciting a contrihution for the charities with which you are involve. Similarly, if you have already officially acted in a matter regarding someone or some entity from whom a contrihution will he solicited, it may he the hetter practice in such situations to delegate the solicitation responsihility in that particular situation to another individual. In this respect, and through such ahstentions, you will he ahle to avoid the development of any conflict of interest. In the event that a matter is hrought hefore the city council and you ahstain from that matter based upon the advice set forth herein, it is advised that such ahstention should he appropriately recorded and your reasons for such ahstention should also he noted. In this respect, thee will he sufficient documentation as to your efforts in this respect .. Conclusion: While the State Ethics Act presents no per se prohihition upon a puhlic official's activities in relation to private fund raising, situations could develop wherein an official may he called upon to act as a public official in a matter on an individual from whom he has solicited a contrihution. In such situations, the official should ahstain from participating in such a matter. His ahstention should he noted and appropriately recorded. 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 .s a public record and will he made availahle 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 hefore the Commission will he scheduled and a formal Opinion from the Commission will he issued. Any such appeal must he made, in writing, to the Commission within 15 days of service of this Advice pursuant to 51 Pa. Code 2.12. John . Con o General Counsel