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HomeMy WebLinkAbout87-572 CourieSTATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PA 17120 TELEPHONE: (717) 783 -1610 May 20,1987 ADVICE OF COUNSEL Ms. Charlotte A. Courie 87 -572 R.D. #2, Walker Road Canonsburg, PA 15317 Re: Simultaneous Service Township Supervisor, Party Committee Person Dear Ms. Courie: This responds to your letter of April 2, 1987, wherein you requested the advice of the State Ethics Commission. Issue: Whether the State Ethics Act presents any prohibitions upon your simultaneous service as a township supervisor and a party committee person. Facts: You indicate that you currently serve as an elected township supervisor in North Strabane Township, Pennsylvania. You indicate that you are also interested in seeking the position of Democratic Committee Person. Members of the Committee are elected every two years to represent their party in the voting district to which they belong. The party will, on occassion, provide financial assistance to the local committee to support candidates in an election. In this respect, you would be accepting financial aid to work for various candidates which could include yourself or other members of the township board of supervisors. You have requested the advice of the Ethics Commission regarding whether this would present any conflict of interest or would otherwise be prohibited within the paramets of that law. Discussion: As a township supervisor you are clearly a public official as that term is defined in the State Ethics Act, and as such, must act in accordance with the provisions thereof. 65 P.S. §402; Welz, 86 -001. Initially it should be noted, that as an elected committee person you would not be a public official within the purview of the State Ethics Act. This Commission has in the past, determined that persons who are appointed or elected to political party positions, such as committee persons, are not covered by the provisions of the State Ethics Act and that this conclusion applies to all levels of party officials. See Lovette, 79 -015. Thus, in that position you would not be subject to the provisions of the State Ethics Act. You are, however, in your position as a township supervisor a public offical required to comply with the provisions of the State Ethics Act. Generally, the Act provides as follows: Ms. Charlotte A. Courie May 20, 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). Within the above provision of law, you as a township supervisor could not use your position in order to obtain any benefit other than the compensation that is provided for by law. You could not use confidential information obtained in that position in order to benefit yourself. Thus, if a situation should develop where you as a supervisor would have to take some action in relation to your other position, then a prohibition under the State Ethics Act could arise. In addition to the foregoing, the State Ethics Act provides as follows: Section 3. Restricted activities. (b) No person shall offer or give to a public official or public employee or candidate for public office or a member of his immediate family or a business with which he is associated, and no public official or public employee or candidate for public office shall solicit or accept, anything of value, including a gift, loan, political contribution, reward, or promise of future employment based on any understanding that the vote, official action, or judgment of the public official or public employee or candidate for public office would be influenced thereby. 65 P.S. 403(b). Within the above provision of law, certain questions could arise if you as a a party committee person, were to offer to candidates various contributions in return for actions that they may take in their official position, then the above provision of law would be implicated. This provision, however, is indicated herein not to indicate that their has or will be any violation thereof, but, merely to provide a complete response to the question you have posed. This Commission also may address other areas of possible conflicts as they arise. 65 P.S. §403(d). Generally, a number of situations could develop in the instant situation that may give rise to a conflict of interest. If, for example, you were to make decisions regarding whether or not to assist a particular candidate in your position of committee person and that decision had been based upon or related to actions that you were involved with as a Ms. Charlotte A. Courie May 20, 1987 Page 3 had been based upon or related to actions that you were involved with as a public official with the other candidates for public office, then a conflict of interest could arise between your position as an elected official where you are serving the public's interest and your position as a party committee person where you would be deciding whether or not to lend support to a particular candidate. Of course, this conflict would be alleviated under the circumstances where you would not be involved in making decisions regarding whether or not to support those candidates which whom you are associated on the official level. Thus, you should be constantly aware of the potential for the development of a conflict of interest and should be guided by the provisions of the State Ethics Act. The Ethics Act, of course, would require your abstention in matters wherein such a conflict of interest would develop. Conclusion: While the State Ethics Act presents no per se prohibitions upon your simultaneous service as a party committee person and a township supervisor, as a public official you must be guided by the provisions of the State Ethics Act and act in accordance therewith. 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. Si Actin nt i eneral Counsel