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HomeMy WebLinkAbout87-526 MacCorcoranMs. Bonnie Mac Corcoran 617 S. State St. North Warren, PA 16365 Dear Ms. Corcoran: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PA 17120 TELEPHONE: (717) 783 -1610 March 24, 1987 ADVICE OF COUNSEL 87 -526 Re: Candidacy, Register of Wills, Recorder of Deeds, Real Estate Sales License This responds to your letter of February 18, 1987, wherein you requested the advice of the State Ethics Commission. Issue: Whether the State Ethics Act presents any prohibitions upon an individual running for the office of Recorder of Deeds /Register of Wills while they are currently licensed as a real estate sales associate in the Commonwealth of Pennsylvania. Facts: You have requested the advice of the State Ethics Commission in relation to the above issue. You indicate that you are currently running for the office of Register of Wills, Recorder of Deeds, and Clerk of Orphans Court in Warren County, Pennsylvania. You also are a registered real estate sales associate. You have requested the advice of the State Ethics Commission regarding whether any conflict of interest would exist in your candidacy for the aforementioned office. You indicate that, if you are elected and a conflict of interest is deemed to exist, your license would be placed in escrow during your tenure in office. Discussion: Generally, as a candidate for public office, the State Ethics Act would only require that you file a Statement of Financial Interest in accordance with the provisions of Section 4 of the State Ethics Act. 65 P.S. § 404(a). Generally, the Ethics Act presents no other prohibition upon any individual running for public office while they are simultaneously serving in a position of private employment. You are not currently a public official or public employee within the purview of the State Ethics Act and, therefore, other than as noted above, the State Ethics Act would present no prohibition upon your candidacy for office. This is so, even though you are currently employed as a real estate sales associate. See Domalakes, 85 -010. Of course, while the State Ethics Act presents no prohibition upon your candidacy at the current time, questions regarding Section 3(a) and 3(d) of the State Ethics Act could arise in the event that you simultaneously serve as a real estate sales associate while you are serving in the office of recorder of deeds as noted above. Generally, the State Ethics Act provides as follows: Ms. Bonnie Mac Corcoran March 24, 1987 Page 2 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). The State Ethics Commission, in accordance with Section 403(d) of the State Ethics Act is also authorized to address other areas of possbile conflicts of interests. 65 P.S. §403(d). Generally, whether these particular provisions of law are implicated in a given situtation is dependent upon the activities of the individual involved. If you are elected to the office, as noted above, and are concerned that a conflict of interest between your private interest and the public office which you hold may develop, then you may wish to seek further advice of this commission in relation thereto. As you are not currently serving in that office, we will not address those issues at this time. Conclusion: The State Ethics Act presents no prohibition upon your candidacy for the office of Recorder of Deeds, Register of Wills, and Clerk of the Orphans Court while you are currently licensed as a real estate sales associate. Additional questions of conflict of interest may be addressed at a future point in "time, when such are of issue. 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. o7Z ohn . Contino Act g General Counsel