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Home My WebLink About19-537 GrovePHONE: 717-783..1610 TOLL FREE: 1-800-932-0936 STATE ETHICS COMMISSION FINANCE BUILDING 613 NORTH STREET, ROOM 309 HARRISBURG, PA 17120-0400 ADVICE OF COUNSEL August 16, 2019 To the Requester: Casey J. Grove, Constable Dear Mir. Grove: FACSIMILE: 717-787-0806 WEi wwwothics.i I This responds to your letter dated July 13, 2019, postmarked July 17, 2019, by which you. requested an advisory from the Pennsylvania State Ethics Commission ("Commission'.). Issue: Whether the Public Official and Employee Ethics Act ("Ethics Act"), 65 Fa -S § 1101 et seg., would impose prohibitions or restrictions upon a constable with regard to utilizing_li-is official website to endorse copyrighted "no trespassin signs" that are sold to property owners by a non-profit association, where the constable is not a director or officer of the non-profit association. Facts: You are a Constable elected in Gregg Township, located in Centre Coun y Pennsylvania. You are considering utilizing your official website to endorse copyrighted "no trespassing" signs that are sold to property owners by the National Association of Rural Landowners (the "Association"). Pursuant to the proposed endorsement, your website would contain a link to the Association's website. You are not a director or officer of the Association, which is a non-profit entity. Based upon the above submitted facts, you ask whether the Ethics Act would impose prohibitions or restrictions upon you with regard to utilizing your official website to endorse copyrighted "no trespassing" signs that are sold to property owners by the Association. Discussion: It is Initial noted that pursuant to Sections 11 07(l 0) and 11 07(l 1) of the Ethics -A— , 65 § 1107(10), (11), advisories are issued to the requester based upon the facts that the requester has submitted. In issuing the advisory based upon the facts that the requester has submitted, the Commission does not en age in an independent investigation of the facts, nor does it speculate as to facts that have not been submitted. It is the burden of the requester to truthfully disclose all of the material facts relevant to the inquiry. 65 Pa.C.S. § 1107(10), (11). An advisory only affords a defense to the extent the requester has truAfully disclosed all of the material facts. As a Constable, you are a public official subject to the provisions of the Ethics Act. Grove, 19-537 august 16, 2019 Page 2 Section 1103(a) of the Ethics Act provides: §, 1103. Restricted activities (a) Conflict of employee shall engage of interest. 65 Pa.C.S. § 1103(a). interest. --No public official or public in conduct that constitutes a conflict The following terms related to Section 1103(a) are defined in the Ethics Act as follows: § 1102. Definitions "Conflict" or "conflict of interest." Use by a public official or public employee of the authority of his office or employment or any confidential information received through his holding public office or employment for the private pecuniary benefit of himself, a member of his immediate family or a business with which he or a member of his immediate family is associated. The term does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry,occupation or other group which includes the public official or public employee, a member of his immediate family or a business with which he or a member of his immediate family is associated. "Authority of office or employment." The actual power provided by law, the exercise of which is necessary to the performance of duties and responsibilities unique to a particular public office or position of public employment, "Business." Any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust or any legal entity organized for profit. "Business with which he is associated." Any business in which the person or a member of the erson's immediate family is a director, officer, owner, employee or has a financial interest. 65 Pa.C.S. § 1102. Subject to the statutory exclusions to the Ethics Act's definition of the term "conflict"" or "conflict of interest," 65 Pa.C.S. § 1102, a public official/public employee is prohibited from using the authority of public office/employment or confidential information received b h Id' &iio ing such a public position for the private pecuniary benefit of the public Oftial/pl. c employee ee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. In each instance of a conflict of interest, the public official/public employee would be required to abstain from participation. The abstention requirement would extend to Grove—19-537 Tudgust 16, 2019 Page 3 any use of authority of office including, but not limited to, discussing, conferring with others, and lobbying for a particular result. Juliante, Order 809. In nl�ing the above provisions of the Ethics Act to the instant matter, you are advised as ol ows. Subject to the statutory exclusions to the definition of "conflict" or "conflict of interest" as set forth in Section 1102 of the Ethics Act 65 Pa.C.S. § 1102, pursuant to Section 1103(a) of the Ethics Act, you would have a conflict of interest as a Constable in matters that would financially impact you, a member of your immediate family, or a business with which you or a member of your immediate family is associated. Under the submitted facts, the Association is not a business with which you are associated. Absent some basis for a conflict of interest such as a private pecuniary benefit to you, a member of your immediate family, or a business with which you or a member of your immediate family is associated, you would not have a conflict of interest under Section 11 03(a) of the Ethics Act with regard to utilizing your official website to endorse copyrighted "no trespassing" signs that are sold to property owners by the Association. The propriety of the proposed conduct has only been addressed under the Ethics Act; the applicability of any other statute, code, ordinance, regulation or other code of conduct other than the Ethics Act has not been considered in that they do not involve an interpretation of the Ethics Act. However, it is recommended that you obtain legal advice as to whether the proposed conduct would be restricted by the Pennsylvania Unified Judicial System Constable Policies, Procedures and Standards—o-F onduct, w_hich prove e, inter alia: "A constable shall not lend the prestige of his or her office to advance the private iFrests of others ...... Id., at Standard 3. Conclusion: Based upon the submitted facts that: (1) you are a Constable elected in Gregg Township, located in Centre County, Pennsylvania; (2) you are considering utilizing your official website to endorse copyrighted "no trespassing" si ns that are sold to property owners by the National Association of Rural Landowners iNhe "Association"; (3) pursuant to the proposed endorsement, your website would contain a link to theAssociation's website; and (4) you are not a director or officer of the Association, which is a non-profit entity, you are advised as follows. As a Constable, you are a public official sub ect to the provisions of the Public Official and Employee Ethics Act ('Ethics Act"), 65 N.C.S § 1101 et seq. Subject to the statutory exclusions to the definition of "conflict" or "conflict of inte—rest" as set forth in Section 1102 of the Ethics Act, 65 Pa,C.S. § 1102, pursuant to Section 1103(a) of the Ethics Act, you would have a conflict of interest as a Constable in matters that would financially impact you, a member of your immediate family, or a business with which you or a member of your immediate family is associated. Under the submitted facts, the Association is not a business withwhich you are associated. Absent some basis for a conflict of interest such as a private pecuniary benefit to you, amember of your immediate family, or a business with which you or a i member of your immediate family is associated, you would not have a conflict of interest under Section 1103(aof the Aics Act with regard to utilizing your official website to endorse copyrighted , no trespassing" signs that are sold to property owners by the Association. Lastly, the propriety of the proposed conduct has only been addressed under the Ethics Act. It is recommended that you obtain legal advice as to whether the proposed conduct would be restricted by the Pennsylvania Unified Judicial Svstem Constable Policies, Procedures and Standards of Conduct, which provide, inter alia: "A constable Grove, 19-537 august 16, 2019 Page 4 shall not lend the prestige of his or her office to advance the private interests of others Id., at Standard 3. Pursuant to Section 1107(11) of the Ethics Act, an 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, provided the requester 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 appeal the Advice to the I Commission. A personal appearance before the Commission will be scheduled and a formal Opinion will be issued by the Commission. Any such appeal must be in writing and must be actual/ received at the Commission within thirty (30) days of the dategWf is Advice ursuant to 51 Pa. Code § 1-3.2(h). The appeal may be receiv Cfat the Commission by hand delivery; United States mail, delivery service, or by FAX transmission (717-787-0806). Failure to file such an appeal at the Commission within thirty (30) days may result in the dismissal of the appeal. Sincerely, Robin eI�M. H6 �i Chief Counsel