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