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HomeMy WebLinkAbout87-606 SerafiniSTATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PA 17120 TELEPHONE: (717) 783 -1610 August 13, 1987 ADVICE OF COUNSEL Mr. Frank Serafini 87 - 606 919 South Main Street Old Forge, PA 18518 Re: Public Official; Section 3(a); Representative; Legislative Expense Fund Dear Representative Seraf i ni : This responds to your letter of July 29, 1987, in which you requested advice from the State Ethics Commission. - You ask whether the Ethics Act presents any restrictions upon the use of your legislative expense fund to underwrite part of the budget for a Senior Citizens Exposition. The purpose of the Senior Citizens Exposition, hereinafter Exposition, is to inform senior citizens and their families concerning the following matters: - Health Care - Legal - Housing - Leisure - Insurance - Nutrition - Investments - Transportation Given the size of your legislative district, the program is scheduled both for September 10th and September 11, 1987. It is estimated that the total budget for the program is $3,350.00 which may vary depending upon the extent of senior citizen participation. You will utilize $1,650.00 from your legislative expense fund to underwrite this Exposition which will also be funded in part by Blue Cross and Blue Shield, Butcher and Singer, Northeastern Bank of Pennsyvlania and Jo Jo Travelers. Lastly, you point out that the Exposition is not political in nature but rather is designed for the purpose of public service and information. Mr. Frank Serafini August 13, 1987 Page 2 Discussion: At the outset, it must be noted that the Ethics Commission may only address your question within the purview of the Ethics Act. The Commission may not and will not offer advice with respect to any duties or obligations that may be imposed by other provisions of law such as the State Adverse Interest Act or the Governor's Code of Conduct. As the State Representative for the 114th Legislative District, you are a "public official" within the definition of that term as set forth in the Ethics Act and the regulations of this Commission. 65 P.S. §402; 51 Pa. Code §1.1. 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). 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). Specifically, the Ethics Act provides that no public official may use his public office or confidential information received through the holding of public office to obtain financial gain, other than provided for by law, for himself or a business with which he is associated and no public official may solicit or receive anything of value, including the promise of future employment, on the understanding that his official conduct will be influenced thereby. See Section 3(a) and (b) of the Ethics Act, 65 P.S. 403(a) and (b). In applying the Ethics Act to state senators and representatives, the Commission has been guided, in its review, by determining whether a given expenditure is used for a permissible legislative purpose which the Commission has construed as constituting official business as opposed to utilizing the public funds to finance a "purely personal effort." See McClatchy, Jr., No. 130. Mr. Frank Seraf i ni August 13, 1987 Page 3 In this instance, the expenditure of $1,650.00 from your legislative expense fund would not be prohibited by the Ethics Act, in that it is non political in nature and is designed to underwrite part of the budget for a senior citizens exposition. The Exposition is contemplated for the purpose of providing public service and information to senior citizens. Since the Exposition cannot be construed as the utilization of public funds to finance "a purely personal effort ", the proposed activity is not prohibited by Section 3(a) of the Ethics Act. See Taddonio, 79 -069, Romanelli, 79 -006 and Corman, 79 -013. Conclusion: As a State Representative for the 114th Legislative District, you are to be considered a "public official" as defined in the Ethics Act. Based upon the facts and circumstances as outlined above, you are advised that there is no restriction under Section 3(a) of the Ethics Act in utilizing part of your legislative expense fund for the funding of a Senior Citizens Exposition. 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. Sincerely, ; ,,).014° Vincent J. Dopko General Counsel