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HomeMy WebLinkAbout90-582 RitterSTATE ETHICS COMMISSION 308 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 ADVICE OF COUNSEL August 9, 1990 Honorable Karen A. Ritter 90 -582 Member House of Representatives 932 Union Boulevard Allentown, PA 18103 Re: Conflict, Public Official /Employee, Representative, Immediate Family, Spouse, Parent, Lobbyist. Dear Representative Ritter: This responds to your letter of July 2, 1990, in which you requested advice from the State Ethics Commission. Issue: Whether the Public Official and Employee Ethics Law presents any prohibition or restrictions upon a member of the General Assembly in her activities as a Legislator when a member of her immediate family is a lobbyist. Facts: You are a member of the House of Representatives of the General Assembly of the Commonwealth of Pennsylvania and have recently married Robert A. Wolper who is a share - holder in a firm called Beorn Associates. Beorn Associates is a public relations and political consulting firm located in Conshohocken. To date, none of the clients of that firm have required any direct lobby work. However, in the future they may want to register as lobbyists. After noting that you have no interest in the firm or any of its subsidiaries, you inquire as to what limitations would be placed upon your activities as a legislator or on your husband's activities as a lobbyist or his firm's activities in light of your marriage. You also note that your father, James P. Ritter, is a registered lobbyist and inquire as to whether there would be any limitations on either you or your father because of your relationship. Discussion: As member for House of Representatives, you are a public official as that term is defined under the Ethics Law, and hence you are subject to the provisions of that law. Preliminarily, based upon the submitted facts, neither your spouse nor your father nor your spouse's firm are public officials /employees. Hence, those individuals and the firm would Honorable Karen A. Ritter Page 2 not be restricted by the Ethics Law, except for Sections 3(b) and 3(c), which are applicable to everyone. Thus, this advisory will be issued only as to your conduct and secondly as to the question you pose regarding any limitations on your activities as a legislator. Section 3(a) of the Ethics Law provides: Section 3. Restricted Activities. (a) No public official or public employee shall engage in conduct that constitutes a conflict of interest. The following terms are defined in the Ethics Law as follows: Section 2. 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. "Conflict" or "conflict of interest" 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 or 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. In addition, Sections 3(b) and 3(c) of the Ethics Law provide in part that no person shall offer to a public official /employee anything of monetary value and no public official /employee shall solicit or accept any thing of monetary Honorable Karen A. Ritter Page 3 value based upon the understanding that the vote, official action, or judgement of the public official /employee would be influenced thereby. Reference is made to these provisions of the law not to imply that there has or will be any transgression thereof but merely to provide a complete response to the question presented. In applying the provisions of Section 3(a) above to the very limited and specific question as to any limitations that the Ethics Law would impose upon your activities as a legislator vis -a -vis your husband or your father's or your husband's firm as lobbyists, the Commission in Corrigan Opinion 87 -001, specifically held, based upon a constitutional interpretation, that the activities of a member of the General Assembly, relative to legislative action, are constitutionally controlled, and therefore, such legislative actions are exempt from the purview of the State Ethics Act and State Ethics Commission. The Commission further noted in Corrigan, supra, that non- legislative activities of a member of the General Assembly were not affected by that opinion, that is, a member of the General Assembly could not use district office for campaign purposes; could not use the legislative office for private business ventures; the one -year representation restriction of the Ethics Law for former public officials was applicable as well as the contracting procedures and the requirements as to the filing of Statements of Financial Interests. The propriety of the proposed conduct has only been addressed under the Ethics Law; the applicability of any other statute, code, ordinance, regulation or other code of conduct other than the Ethics Law has not been considered in that they do not involve an interpretation of the Ethics Law. Specifically not addressed herein is the applicability of the Legislative Code of Conduct. Conclusion: As member for General Assembly, you are a public official subject to the provisions of the Ethics Law. Since the activities of a member of the General Assembly regarding legislative action is constitutionally controlled, such action is exempt from the purview of the State Ethics Act and State Ethics Commission under Corrigan, Opinion, supra. Pursuant to Section 7(11), 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. Honorable Karen A. Ritter Page 4 such. This letter is a public record and will be made available as 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 in writing and must be received at the Commission within 15 days of the date of this Advice pursuant to 51 Pa. Code S2.12. Sincerely, Vincent J. Dopko, Chief Counsel