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HomeMy WebLinkAbout97-603 WilliamsHonorable Constance H. Williams State Representative 601 South Henderson Road Suite 201 King of Prussia, PA 19406 STATE ETHICS COMMISSION 309 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 1 71 08 -1 470 TELEPHONE (717) 783 -1610 ADVICE OF COUNSEL August 1, 1997 97 -603 Re: Conflict, Public Official /Employee, Trip to Australia, Donation to Volunteer Fire Company, Raffle, Seniors Expo, Free Lunch for Constituents, Newsletter. . Dear Representative Williams: This responds to your letter of July 28, 1997 by 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 State Representative from publicizing two events in her legislative constituent newsletter: her donation of a foreign trip to volunteer fire companies for use as a fund - raising raffle and a Seniors Expo with a free lunch for constituents funded by donations from local businesses and campaign funds. Facts: As State Representative for the 149th Legislative District, you request an advisory from the State Ethics Commission as to two separate matters. You purchased a raffle ticket last spring and won a trip for two to Australia. You are unable to go on the trip and would like to donate the trip to the volunteer fire companies in your legislative district. The value of the trip is $7,000. The fire companies plan to hold a raffle to raise funds with the trip to Australia being one of the prizes. You state that you would like to mention the raffle in your fall constituent newsletter. You also indicate that you will report this trip on your ethics statement for next year. You are planning to hold a "Seniors Expo" on September 11, 1997 for residents of your legislative district. It will be held at the Upper Merion Baptist Church with representatives from federal, state and local agencies as well as representatives from local companies. The event will be free to constituents. You state that you would like to offer a free spaghetti lunch donated by local delis and supermarkets. You plan to pay for any additional non - donated lunch items with your campaign funds. You would Williams, 97 -603 August 1, 1997 Page 2 also like to mention the expo in your newsletter as well as in a direct mailing to senior citizens. 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 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 judgement of the public Williams, 97 -603 August 1, 1997 Page 3 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. As to the two inquiries you pose, the submitted facts as to these two events will be considered under the Ethics Law in two respects: the source of the funds and second, the publication of these events in your constituent newsletter. Regarding your donation of the Australian trip for two to the volunteer fire companies in your district, it is initially noted that you are correct that the value of the trip would have to be reported on your 1997 calendar year Financial Interests Statement. 65 P.S. § §404, 405. Since the trip was won by you as a result of the purchase of a raffle ticket, there is no use of public (legislative) funds. Hence, since the purchase of the raffle ticket and the award of the prize to you was in a private capacity, the Ethics Law would have no application. For the same reason the Ethics Law would not be implicated if you choose to donate the prize to the volunteer fire companies. As to the mention of the raffle in your constituent newsletter, such action could impact upon the Ethics Law in that the expense for issuing the newsletter is through public funds. The Commission noted in Ferlo, Opinion 97 -005: The narrow question that you have posed involves the proposed purchase, with public funds, of a computerized database for use in mass mailings to constituents within your own Council district. We are cognizant of the various concerns that can arise as to publicly- supported mailings by a public official to his constituents. There is undoubtedly a need to maintain the public official's contact with his constituency. However, there is undoubtedly a political, public relations, and /or name identification value that can accompany a mailing of this sort, particularly when it occurs on or about the time of political campaigning. Ferlo, at 4. Based upon the factual assumption that the reference to the raffle in your constituent newsletter is based upon the "need to maintain ... contact with .. . [your] constituency . . . [and not] . political, public relations, and /or name identification value . . .," Section 3(a) of the Ethics Law would not prohibit the inclusion of such information in the newsletter. Ferlo, supra. As to the Senior Expo event, it is once again noted that there are no public funds involved so that the Ethics Law would not be implicated as to the funding of the event. As to the mention of the event in your constituent newsletter, the Ethics Law would not bar such inclusion based upon the factual assumption noted above. 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. Williams, 97 -603 August 1, 1997 Page 4 Conclusion: As a Member of the Pennsylvania House of Representatives, you are a public official subject to the provisions of the Ethics Law. Subject to the qualifications noted above, Section 3(a) of the Ethics Law would not prohibit a State Representative from using private funds for events which would be published in her legislative constituent newsletter. 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 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 thirty (30) days of the date of this Advice pursuant to 61 Pa. Code §13.2(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 thirty (30) days may result in the dismissal of the appeal. cent J. opk Chief Counsel