HomeMy WebLinkAbout87-610 ScrimentiMr. Thomas J. Scrimenti
57 S. Pears Street
North East, PA 16428
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PA 17120
TELEPHONE: (717) 783 -1610
September 4, 1987
ADVICE OF COUNSEL
87 -610
Re: Public Official, Mayor, Housing Rehabilitation Grant by Parents
Dear Mr. Scrimenti:
This responds to your letter of August 3, 1987, in which you requested
advice from the State Ethics Commission.
Issue: You ask whether, as Mayor, the Ethics Act imposes any restrictions
upon your parents from applying for a housing rehabilitation grant as to their
home wherein you reside.
Facts: You are the elected Mayor of the Borough of North East. Your parents
have applied for a housing rehabilitation grant under a program which is
administered by the Erie County Planning Department under a contract with the
Borough of North East. The borough council has set forth criteria for funding
priority on applications but the Erie County Planning Department is solely
responsible for the final determination as to eligibility. Your parents have
owned the premises for over 20 years. Although you do reside with your
parents, you do not have any legal or equitable interest in the subject
premises. Lastly, it is noted that the Borough of North East applied for and
received the funding for the block grant program through the Department of
Community Affairs in the Commonwealth of Pennsylvania.
Discussion: As Mayor of North East Borough, you are a public official as that
term is defined in the Ethics Act. Accordingly, you are subject to the Ethics
Act and the restrictions therein are applicable to you.
Section 3(a) of the Ethics Act provides:
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).
Mr. Thomas J. Scrimenti
September 4, 1987
Page 2
Section 3(a) of the Ethics Act basically provides that no public official or
employee shall use his public law office or any confidential information
obtained through holding of public office to acquire financial gain other than
compensation provided for by law, for himself or his immediate family.
From the facts and circumstances as presented, it does not appear that
you have used your office or confidential information obtained through your
office regarding the housing rehabilitation grant for your parents. In this
regard, it is assumed that you have not been involved nor participated in any
matter relative to the application by your parents for the housing
rehabilitation grant. Further, it is assumed that you have not or will not be
involved in any aspect of the processing of your parents application.
It is further provided in Section 3(b) of the Ethics Act:
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).
Under Section 3(b) of the Ethics Act cited above, which you must observe,
you must neither offer nor accept anything of value on the understanding or
with the intention that your official judgment would be influenced thereby.
It is assumed that such a situation does not exist here. This Section is
referenced not to indicate that any such activity has been or will be
undertaken but in an effort to provide a complete response to your inquiry.
Lastly, it is noted that this advice is issued solely under the Ethics
Act and should not be understood to serve as a clearance under any other
statutes, codes or regulations other than the Ethics Act.
Conclusion: Under the facts and circumstances outlined above, you, as Mayor
of North East Borough, are a public official subject to the provisions of the
Ethics Act. The Ethics Act presents no prohibition upon your parents
application for a housing rehabilitation grant subject to the limitations on
your participation as noted above.
Mr. Thomas J. Scrimenti
September 4, 1987
Page 3
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,
Vincent J. Dopko
General Counsel