HomeMy WebLinkAbout87-557 ReibmanSTATE ETHICS COMMISSION
308 FINANCE BUILDING
P.O. BOX 11470
HARRISBURG, PA 17108 -1470
TELEPHONE (717) 783 -1610
May 4, 1987
ADVICE OF COUNSEL
Honorable Jeanette F. Reibman 87 -557
18th District
Room 458C, Main Capitol
Senate Post Office
Harrisburg, PA 17120 -0030
Re: Applicability of Opinion 87 -001, (Corrigan) To Individual Members of the
Pennsylvania State Senate
Dear Senator Reibman:
This responds to your letter of April 23, 1987, wherein you requested the
advice of the State Ethics Commission.
Issue: Whether the Commission's opinion, Corrigan, 87 -001, regarding the
applicability of the State Ethics Act to certain activities of members of the
General Assembly, applies to the individual members of the State Senate.
Facts: On April 6, 1987, the State Ethics Commission issued opinion 87 -001 to
Mark R. Corrigan, Secretary of the Senate. The opinion concerned the issue of
whether the State Ethics Act presented any prohibitions upon a member of the
General Assembly voting in relation to a measure or bill that was pending
before the Pennsylvania State Senate or the Pennsylvania House of
Representatives. That opinion concluded that the activities of a member of
the - General Assembly in so far as such related to legislative action are
constitutionally controlled. Such legislative actions where therefore deemed
to be exempt from the purview of the State Ethics Act and the State Ethics
Commission. Pursuant to the issuance of that opinion and pursuant to the
provisions of the State Ethics Act, 65 P.S. §7(9)(i), that opinion acts as a
complete defense in any enforcement proceeding initiated by the Commission,
and as evidence of good faith conduct in any civil or criminal proceeding to
the individual to whom said opinion is issued. You have requested the advice
of the State Ethics Commission regarding whether this opinion would also
provide the above referenced defense to you as an individual member of the
State Senate.
Discussion: As noted, the State Ethics Act provides as follows:
Honorable Jeanette F. Reibman
May 4, 1987
Page 2
Section 7. Duties of the commission.
(9)(i) Issue to any person, upon such person's request, an
opinion with respect to such person's duties under this
act. The commission shall, within 14 days, either issue
the opinion or advise the person who made the request
whether an opinion will be issued. No person who acts in
good faith on an opinion issued to him by the commission
shall be subject to criminal or civil penalties for so
acting, provided that the material facts are as stated in
the opinion request. The commission's opinions shall be
public records and may from time to time be published.
65 P.S. 407(9)(i).
The opinion that was issued on April 6, 1987 concerned certain activities of
members of the Pennsylvania General Assembly. The opinion that was issued was
in relation to the conduct of those individuals. As such, the opinion that
was issued apply directly to the members of the General Assembly. Therefore,
the Corrigan opinion would be applicable to you as a member of the General
Assembly. Specifically, that opinion concluded as follows:
The activities of a member of the General Assembly insofar
as such relate to legislative actions, defined as the
introduction, consideration, debating, voting, inactment,
adoption or approval of legislation are constitutionally
controlled. Such legislative actions are, therefore,
exempt from the purview of the State Ethics Act and the
State Ethics Commission. Prior rulings of this Commission
and the application of the State Ethics Act to
non - legislative activities are no way effected by this
opinion.
Conclusion: The Commission opinion, Corrigan, 87 -001, is applicable to you as
a member of the Pennsylvania State. Senate.
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.
Honorable Jeanette F. Reibman
May 4, 1987
Page 3
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.
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General Counsel