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HomeMy WebLinkAbout91-520 HughesSTATE ETHICS COMMISSION 308 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 ADVICE OF COUNSEL March 1, 1991 Honorable Vincent Hughes 91 -520 Room 308 South Office Building Harrisburg, PA 17120 -0028 Re: Conflict, Public Official /Employee, Legislative Members, Pennsylvania Legislative Black Caucus, Speaker's Bureau, Expenses. Dear Representative Hughes: This responds to your letter of January 29, 1991, 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 the payment by the House of Representatives for expenses for travel, meals and lodging related to a Speaker's Bureau to be established by the Pennsylvania Legislative Black Caucus as a function of the Caucus. Facts: As a State Representative for the Commonwealth of Pennsylvania and Chairman of the Pennsylvania Legislative Black Caucus, you seek the advice of the State Ethics Commission. The Pennsylvania Legislative Black Caucus plans to establish a Speaker's Bureau as a Caucus function, which would provide speakers to educational institutions, local governments and other interested groups. Although unclear, it appears that the members of the Speaker's Bureau would be State Representatives who are members of the Pennsylvania Legislative Black Caucus. Topics to be addressed by the speakers would include but not be limited to current legislative matters, legislative structure and the intersection of black and legislative concerns. You inquire as to whether the Ethics Law would prohibit or restrict ordinary payments by the House of Representatives for related travel, meals and lodging. Discussion: Initially, it is noted that the submitted inquiry is a general request for advice on a broad issue, and therefore our response is necessarily general as well. To the extent that more specific questions may arise in the future, it is recommended Representative Vincent Hughes Page 2 that any such specific inquiries be directed to the Commission for further advice. As State Representatives for the Commonwealth of Pennsylvania, the members of the Pennsylvania Legislative Black Caucus are public officials as that term is defined under the Ethics Law, and hence they are subject to the provisions of that law. 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. Representative Vincent Hughes Page 3 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 solicitor accept any thing of monetary 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. Section 3(d) of the Ethics Law provides: Section 3. Restricted activities. (d)(1) No public official or public employee shall accept an honorarium. (2) This subsection shall not be applied retroactively. In applying the above provisions of the Ethics Law to your general inquiry, based upon your factual statements and indications that the Speaker's Bureau is to be established as a function of the Pennsylvania Legislative Black Caucus and that this sort of expense for travel, meals and lodging is expressly authorized and ordinarily paid for the Caucus by the House, and that these particular expenses would be paid by the House from appropriate accounts for such expenses under the existing ordinary procedures, then under these circumstances the Ethics Law would not specifically prohibit the proposed payments as a general rule. As public officials, should you or the other members of the Pennsylvania Legislative Black Caucus need further guidance or clarification of the Commission on specific inquiries, it is recommended that you seek further advice from this Commission. 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 State Representatives for the Commonwealth of Pennsylvania, the members of the Pennsylvania Legislative Black Caucus are public officials subject to the provisions of the Ethics Law. With regard to payments by the House of Representatives for travel, meals and lodging related to the Representative Vincent Hughes Page 4 above Speaker's Bureau to be established by the Pennsylvania Legislative Black Caucus as a function of the Caucus, based upon the factual circumstances presented the Ethics Law does not specifically prohibit the generally proposed conduct, but subject to the qualifications and restrictions noted above. If specific questions should arise with regard to the propriety of specific prospective conduct under the Ethics Law, it is recommended that you seek further advice from this Commission. Lastly, the propriety of the proposed conduct has only been addressed under the Ethics Law. 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. 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 in writing and must be received at the Commission within 15 days of the date of this Advice pursuant to 51 Pa. Code 52.12. incerely, WtA-A1 Vincent J Do ko P , Chief Counsel