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