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HomeMy WebLinkAbout95-534 LargeSTATE ETHICS COMMISSION 309 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 1 71 08 -1 470 TELEPHONE (717) 783 -1610 ADVICE OF COUNSEL March 22, 1995 James Large Box 244 A Sunnyside Hallow Road Monongahela, PA 15063 95 -534 Re: Conflict, Public Official /Employee, Second Class Township Supervisor, Candidate, Criminal Conviction. Dear Mr. Large: This responds to your letter of February 17, 1995 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 person with a criminal conviction from running as a candidate for the office of second class township supervisor. Facts: You are interested in running for the position of a second class township supervisor in Forward Township, Allegheny County. Given your past activities which involve Ethics Law violations, you ask whether you are qualified to be a candidate. You enclose your August 7, 1990 sentence report and seek a prompt ruling. Discussion: It is initially noted that pursuant to Sections 7(10) and 7(11) of the Ethics Law, 65 P.S. § §407(10), (11), advisories are issued to the requestor based upon the facts which the 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 material facts relevant to the inquiry. 65 P.S. § §407(10), (11). An advisory only affords a defense to the extent the requestor has truthfully disclosed all of the material facts. As candidate for Forward Township Supervisor, you would become, if elected, a public official as that term is defined under the Ethics Law, and hence you would be subject to the provisions of that law. James Large, 95 -534 March 22, 1995 Page 2 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. 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. As to the specific question you pose, Section 3(a) of the Ethics Law does not prohibit a person with a criminal conviction from running for office. Therefore, the Ethics Law would not bar you from running for office as a second class township supervisor even with your criminal conviction. However, questions as to your ability to run for office under the Pennsylvania Constitution or other statutes may exist. It is suggested that you consult with your private attorney on such issues. 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 James Large, 95 -534 March 22, 1995 Page 3 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 Pennsylvania Constitution. Conclusion: As candidate for Forward Township Supervisor, you would become, if elected, a public official subject to the provisions of the Ethics Law. Section 3(a) of the Ethics Law does not prohibit a person with a criminal conviction from running as a candidate for the office of second class township supervisor. 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 appeal the Advice to the full 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 actually received at the Commission within fifteen (15) days of the date of this Advice pursuant to 51 Pa. Code 513.2(h). The appeal may be received at 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 fifteen (15) days may result in the dismissal of the appeal. Vincent J. Dop Chief Counsel