The URL can be used to link to this page

Home My WebLink About93-614 CurryThe Honorable Lawrence H. Curry House Post Office Box 24 Main Capitol Building Harrisburg, PA 17120 -0028 Re: STATE ETHICS COMMISSION 309 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 1 71 08 -1 470 TELEPHONE (717) 783 -1610 ADVICE OF COUNSEL October 26, 1993 93 -614 Conflict, Public Official /Employee, Member, House of Representatives, Sponsorship of Athletic Activities, Name on Back of Uniforms. Dear Representative Curry: This responds to your letter of October 12, 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 sponsoring athletic activities and having his name appear on the back of uniforms. Facts: You are a Member of the Pennsylvania House of Representatives representing the 154th Legislative District. A number of organizations that supervise organized athletic activities are seeking sponsors to assist them in acquiring shirts to be used as uniforms. The sponsors' names will appear on the backs of the uniforms. You indicate that the athletic activities are basketball and volleyball which will extend into 1994 when you will also be a candidate, as well as an elected official. The wording on the back of the shirts will read: "State Representative Lawrence Curry." Based upon the above, you request an advisory from the State Ethics Commission as to whether, as an elected official and as a candidate, you may sponsor the athletic activities and have your name placed on the back of the uniforms and further, whether a disclaimer must appear on the uniforms similar to disclaimers on "Best Wishes" ads that may appear in printed literature, such as football programs. Discussion: It is initially noted that pursuant to Sections 7(10) and 7(11) of the Ethics Law, 65 P.S. SS407(10), (11), advisories are issued to the requestor based upon the facts which the Curry, 93 -614 October 26, 1993 Page 2 requestor has submitted. In issuing the advisory based upon the facts which the requestor has submitted, the Commission does not engage in an independent investigation of the facts, nor does it speculate as to facts which have not been submitted. It is the burden of the requestor to truthfully disclose all of the materials facts relevant to the inquiry. 65 P.S. §S407(10), (11). An advisory only affords a defense to the extent the requestor has truthfully disclosed all of the material facts. As a Member of the 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. Curry, 93 -614 October 26, 1993 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 solicit or accept anything 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 been or will be any transgression thereof but merely to provide a complete response to the question presented. In applying the above provisions of the Ethics Law to the instant matter, it is noted that Section 3(a) of the Ethics Law does not prohibit public officials /employees from outside activities or employment; however, the public official /employee may not use the authority of office for the advancement of his own private pecuniary benefit or that of a business with which he is associated. Pancoe, Opinion 89 -011. A public official /employee must exercise caution so that his private business activities do not conflict with his public duties. Crisci, Opinion 89 -013. Thus, a public official /employee could not perform private business using governmental facilities or personnel. In particular, the governmental telephones, postage, staff, equipment, research materials, personnel or any other property could not be used as a means, in whole or part, to carry out private business activities. In addition, the public official /employee could not during government working hours, solicit or promote such business activity. Pancoe, supra. Similarly, Section 3(a) would expressly prohibit the use of confidential information received by holding public office/ employment for such a prohibited private pecuniary benefit. The Commission has applied the above to Members of the General Assembly. See Confidential Advice, 93 -580. Thus, while members of the General Assembly may use their official title in support of certain private endeavors, see Golden, Opinion 80 -051 and Fee Advice 86 -542, they may not use their public office for their private pecuniary benefit. Such prohibited use would include supporting their own election campaign by using a distinct office, public facilities, materials, supplies, or personnel. Turning to your specific inquiry, it appears that your proposed conduct of sponsoring athletic activities and having your name appear on the uniforms without a disclaimer would not transgress the Ethics Law under the facts which you have submitted. Section 3(a) of the Ethics Law prohibits conduct by a public official which would constitute a conflict of interest. However, based upon the submitted facts, there would not be the requisite element of a "private pecuniary benefit" so as to constitute a conflict of interest as defined in the Ethics Law. This advice Curry, 93 -614 October 26, 1993 Page 4 expressly assumes that there is no governmental involvement in the proposed sponsorship and that the sponsorship will be done solely through the use of private funds. This advice is further limited to the unique circumstances in this case. 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. The Ethics Law would not prohibit you from sponsoring athletic activities and having your name appear on the backs of uniforms without a disclaimer. It is expressly assumed that there is no governmental involvement and that the sponsorship is paid by private funds. This advice is limited to the unique facts of this case. 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. 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 513.2(h). n�e ly Vi . Dopko Chief Counsel