HomeMy WebLinkAbout86-622 Paulmr. John H. Paul
121 State Street
Saxonburg, PA 16056
Meiling Address:
STATE ETHICS COMMISSION
P.O. BOX 11470
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
Nnvemhpr 10, 1986
anVICE OF COUNSEL
•
86 -622
Re: Candidacy for Puhlic Office, County Assistant Director of Operations,
Employment, Conflict of Interests
near Mr. Paul:
This responds to your request for advice from the State Ethics Commission
dated October R, 19R6.
Issue: Whether you may run for the office of District Justice at the same
time that you serve as the Assistant Director of Operations for the Butler
County Joh Training Partnership Act Office.
Facts: You advise that you are currently employed by Butler County in the
Local Joh Training Partnership Act Office. In this respect, you serve as the
Assistant Director of Operations. You advise that you are contemplating
seeking the Office of District Justice in Rutter County during the 1987
primary and general election. You have requested the advice of the State
Ethics Commission regarding whether you are permitted to seek this office and
retain your present position with Butler County.
Discussion: For the purpose of this advice it will he assumed that you are a
public employee as that term is defined in the Ethics Act and thus, suhject to
the provisions of the Act. The Ethics Act does not contain any prohibition
against the simultaneous service in a county's administrative position and a
person's candidacy for the Office of District Justice. This advice, however,
does not address any inherent incompatibility of such activity under any other
code, statute or administratively imposed requirement. This response is
limited to the question as presented under the provisions of the State Ethics
Act. Additionally, this response does not address the question of whether any
conflict results from simultaneously serving in the aforementioned positions.
Such questions may he answered, if necessary, as they arise.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Mr. John H. Paul
Novemher 10, 19R6
Page 2
Of course, all candidates for puhlic office must observe the requirements
of the Ethics Act insofar as they are contained in Section 3(h) of the Ethics
Act:
Section 3. Restricted activities.
(h) No person shall offer or give to a puhlic official or
puhlic employee or candidate for puhlic office or a memher
of his immediate family or a business with which he is
associated, and no puhlic official or puhlic employee or
candidate for puhlic office shall solicit or accept,
anything of value, including a gift, loan, political
contribution, reward, or promise of future employment
hased on any understanding that the vote, official action,
or judgment of the puhlic official or puhlic employee or
candidate for puhlic office would he influenced thereby.
65 P.S. 4f13(h).
In addition, any candidate for puhlic office must comply with the
requirements of Section 4(h) of the Ethics Act which provides as follows:
Section 4. Statement of financial interests required to he filed.
(h) Each candidate for puhlic office shall file a
statement of financial interests for the preceding
calendar year with the commission prior to filing a
petition to appear on the hallot for election as a puhlic
official. A petition to appear on the ballot shall not he
accepted hy an election official unless the petition
includes an affidavit that the candidate has filed the
required statement of financial interests with the
commission. 65 P.S. 404(h).
Finally, you should he cautioned that no puhlic official or puhlic
employee may use his puhlic office to obtain financial gain other than the
compensation provided hy law. As such, under this provision of the Ethics
Act, Section 3(a), 65 P.S. 403(a), as well as under Section 403(h) supra., you
may not use your current position, as Assistant hirector of Operations to
benefit your campaign for the Office of District Justice. You may not, within
this requirement, use personnel, facilities, etc., of the office of the County
Joh Training Partnership Act to enhance, conduct, or support your campaign.
See, Cessar, R9_(02 and McClatchey, R2- 130 -C.
Conclusion: The Ethics Act does not contain any per se prohibition against
your candidacy for office and your simultaneous service as the Assistant
Director of Operations for the Rutler County Joh Training Partnership Act
Office as described above. However, the cautions and directives outlined
ahove should he observed.
Mr. John H. Paul
November 10, 19R6
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 requester has
disclosed truthfully all the material facts and committed the acts complained
of in reliance on the Advice given.
This letter is a puhlic 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 before 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..19.
Sincerely,
n J. Co o
General Counsel