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