HomeMy WebLinkAbout93-558 GambleSTATE ETHICS COMMISSION
309 FINANCE BUILDING
P.O. BOX 11470
HARRISBURG, PA 1 71 08 -1 470
TELEPHONE (717) 783 -1610
ADVICE OF COUNSEL
May 5, 1993
The Honorable Ron Gamble 93 -558
House of Representatives
302 Main Capitol Building
House P.O. Box 174
Harrisburg, PA 17120 -0028
Re: Conflict, Public Official /Employee, Member of House of
Representatives, Certificates Received from Airline for
Overcharges on Tickets Purchased for Legislative Business, Use
of Certificates to Purchase Tickets for Future Legislative
Business.
Dear Representative Gamble:
This responds to your letter of April 20, 1993, 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 House
of Representatives from using certificates received from an airline
for overcharges on prior tickets, purchased for legislative
business, to purchase future tickets for future legislative
business.
Facts: In your duties as a State Representative, you frequently
fly to and from Pittsburgh and Harrisburg on U.S. Air. There was
a recent law suit and a proposed settlement to compensate those who
were overcharged for airline tickets from 1988 through 1992. It is
your intention to file a claim form in an effort to receive the
certificates being issued by the Airlines Antitrust Claims
Administration for use toward future ticket purchases. You have
already-been reimbursed by the Commonwealth for the prior tickets.
It is your intention to use the certificates toward the purchase of
future airline tickets which you will acquire for legislative
business only. You state you will deduct the certificate amount
from your requests for reimbursement.
Since you will proceed to file your claim by the June 1,'1993
deadline, you request that the Commission review this situation and
The Honorable Ron Gamble
May 5, 1993
Page 2
rule upon it.
Discussion: As a Member of the Pennsylvania 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.
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 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.
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 anything of monetary value based upon the
understanding that the vote, official action, or judgment of the
The Honorable Ron Gamble
May 5, 1993
Page 3
public official /employee would be influenced thereby. Reference is
made to these provisions of the law not to imply that there has
been or will be any transgression thereof but merely to provide a
complete response to the question presented.
The Ethics Law quoted above specifically provides in part that
a public official may not use the authority of public office or
employment to obtain a private pecuniary benefit for himself, a
member of his immediate family, or a business with which he or a
member of his immediate family is associated.
As to the issue you have posed, the Commission considered a
similar matter involving frequent flyer credits in Stefanko,
Opinion 90 -015. The issue in Stefanko was whether the Ethics Law
imposed any prohibitions or restrictions upon public officials from
personally utilizing airline tickets received by the accumulation
of frequent flyer miles from trips relating to official business.
In that case, the frequent flyer program allowed frequent flyer
credits to be given only to the individual who actually made the
flight and earned the credit. The airline did not allow for the
transfer of credits to the employer regardless of whether the
employer was a private employer or a governmental body.
Stefanko held that under Section 3(a) the public officials
would be prohibited from personally utilizing air travel frequent
flyer credits which were accumulated while travelling on official
business because such action would constitute a use of authority of
office for private pecuniary benefit. Were it not for the exercise
of such duties and responsibilities which necessitated travelling
on business in an official capacity, then the individual could not
accumulate such credits. In this case, likewise, the receipt of
certificates to be used for the purchase of future airline tickets
would not occur but for the exercise of the duties and
responsibilities which necessitated travelling on business in an
official capacity.
Stefanko further held that while the officials may continue to
accumulate frequent flyer credits, they may not redeem the credits
for use on a personal trip. Stefanko also held that the Ethics Law
would not restrict the officials from utilizing the bonus
certificates for a future trip which relates to official business.
Therefore, since you have stated that you will deduct the
airline certificates from your request for reimbursement as to
legislative business, any certificates received in connection with
official travel, paid for by the government, for use toward the
purchase of future airline tickets, would not be prohibited. Such
utilization would be permitted under the Ethics Law since the usage
would be for official legislative business.
The Honorable Ron Gamble
May 5, 1993
Page 4
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 a Member of the House of Representatives, you are
a public official subject to the provisions of the Ethics Law.
Section 3(a) of the Ethics Law prohibits a public . official from
using the authority of his office or employment to obtain a private
pecuniary benefit for himself. Certificates for the purchase of
airline tickets received by you in connection with official travel,
paid for by the government, may be used for the purchase of future
airline tickets for official legislative business. 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 513.2(h).
ncerely,
incent i. Dopko
Chief Counsel