HomeMy WebLinkAbout87-523 RichardsonHonorable David P. Richardson, Jr.
Member, House of Representatives
319 South Office Building
Harrisburg, Pennsylvania 17120 -0028
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PA 17120
TELEPHONE: (717) 783 -1610
March 19, 1987
ADVICE OF COUNSEL
Re: Member, House of Representatives, Honoraria
Dear Representative Richardson:
87 -523
This responds to your letter of February 11, 1987, wherein you requested
the advice of the State Ethics Commission.
Issue: Whether the State Ethics Act presents any prohibition upon the receipt
of honoraria by a member of the Pennsylvania House of Representatives.
Facts: You are currently serving as an elected member of the Pennsylvania
House of Representatives. You requsted the advice of the State Ethics
Commission regarding whether the State Ethics Act places any prohibitions upon
the receipt by a member of the General Assembly of honoraria received for
speaking engagements. You have indicated that generally honoraria is received
on various occasions when you speak on subject matters that are unrelated to
your official duties a member of the House of Representatives.
Discussion: As a member of the House of Representatives, you are a public
official as that term is defined in the State Ethics Act. 65 P.S. §402. As
such, your conduct must conform to the requirements thereof. Cessar,82 -002;
Seltzer, 80 -044. Generally, the Ethics Act does not prohibit or otherwise
prevent a public official from receiving honoraria for speaking on various
subjects. The only restrictions in relation to a public official's conduct,
as set forth in the State Ethics Act,are 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),
Honorable David P. Richardson, Jr.
March 19, 1987
Page 2
Generally, the State Ethics Act would prohibit a official from using his
public position in order to receive any financial gain other than the
compensation provided for by law. As you have noted, the honoraria that you
received are in no way related to your official duties and, therefore, the
above provision of law would not appear to be implicated and, thus, the Ethics
Act would present no prohibition as a result thereof.
The Ethics Commission,'of course, is authorized to address areas of
possible conflicts of interests. 65 P.S. §403(d). In the event that a
specific conflict of interests arises or in the event that you are in need of
further advice in relation to a specific situation, then you make seek the
additional opinion of this Commission.
In relation to Statements of Financial Interests, the State Ethics Act
does provide that the source of any honoraria received which is in excess of
$100 must be reported on the Statement'of Financial Interests which is filed
by the public official. 65 P.S. §405(b)(7). The regulations of the State
Ethics Commission define honoraria as follows:
Section 1.1. Definitions.
Honoraria - -- Solicited or unsolicited compensation
for appearances, speeches, presentations, and the like
which does not represent remuneration for or equal the
full value of such services. 51 Pa. Code 1.1.
The regulations of the Commission further provide as follows:
§5.13.Honoraria.
(a) Any honorarium in excess of $100 to the person
required to file, his spouse, or minor dependent children
shall be disclosed. 51 Pa. Code 5.13(a).
(b) No dollar amount is required. 51 Pa. Code
5.13(b).
As can be seen from the foregoing, the source of honoraria must be
reported on the Statement of Financial Interests. Other than as set forth
above, the State Ethics Act would present no other prohibitions upon receipt
of honoraria for participation in speaking engagements. As noted above, if a
particular situation should arise in which there is a specific conflict of
interest, then you may wish to seek the further advice of this Commission.
Honorable David P. Richardson, Jr.
March 19, 1987
Page 3
Conclusion: The State Ethics Act presents no per se prohibition upon the
receipt of honoraria by a member of the General Assembly for participating in
speaking engagements. The honoraria received, if in excess of $100, must be
reported on the official's Statement of Financial Interests along with the
source thereof. If a particular question of conflict of interest shoul arise
in relation to a specific situation, then you may wish to seek the further
advice of this Commission in relation thereto.
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.
ohn J
Acting' General Counsel