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HomeMy WebLinkAbout99-590-C WilliamsThe Honorable Constance H. Williams State Representative 149th Legislative District 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 (717) 783 -1610 1- 800 - 932 -0936 ADVICE OF COUNSEL September 21, 1999 Re: Conflict; Public Official /Employee; State Representative; Procurement Conference; Environmental Regulation Seminar; Sponsor; Donations; Gift; Money; FIS. Dear Representative Williams: This responds to your letter of August 18, 1999 by which you requested clarifying advice from the State Ethics Commission. Issue: Whether the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. §1101 g1• $gg., presents any prohibition or restrictions upon a State Representative as to the receipt of money or donations for the sponsorship of a procurement conference and an environmental regulation seminar. Facts: By FAX dated July 15, 1999, you initially sought an advisory from the State Ethics Commission with regard to any restrictions that would be imposed by the Ethics Act as to the receipt of money or donations for the sponsorship of a procurement conference and an environmental regulation seminar. In response to your request, Williams, Advice No. 99 -590, was issued to you on August 16, 1999, which Advice is incorporated herein by reference. You now seek clarification as to whether the receipt of contributions and donations for those events must be disclosed pursuant to the Ethics Act, given the following additional facts. With regard to the procurement conference of which you are one of five other sponsors, no monies have been or are expected to be distributed through your office; Bryn Mawr Trust's $500.00 contribution arrived in the form of a check made payable to Temple SBDC to cover expenses; Harcum College, which donated space for the conference, did not charge a fee for the use of its space valued at $460.00; your office designed and printed the invitations to the conference; however, you provided the invitations to both Temple and Wharton SBDCs which sent them to their clients at their costs; and your office coordinated the sponsors' duties, arranged for speakers for the conference, and mailed the invitations to your constituents through your Harrisburg staff. As for the environmental regulation seminar, you are one of eight other sponsors. Speakers for the conference were arranged through your office and the invitations were designed, printed and mailed to your constituents through your Harrisburg staff. Although you provided the brochure, the other sponsors are sending it to their clients at their costs. FAX: (717) 787 -0806 • Web Site: www.ethics.state.pa.us • e -mail: ethics @state.pa.us 99 -590C Williams, 99 -590C September 21, 1999 Page 2 You request a clarification advisory on Williams, Advice No. 99 -590, in Tight of the additional facts stated above. Discussion: It is initially noted that pursuant to Sections 1107(10) and 1107(1 1) of the Ethics Act, 65 Pa.C.S. §§1107(10), (1 1), 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. As noted in Williams, Advice No. 99 -590, as State Representative, you are a public official as that term is defined in the Ethics Act, and hence you are subject to the provisions of that Act. You are required to file Financial Interest Statements (FIS's) as per Section 1104 of the Ethics Act, 65 Pa.C.S. 1104. The relevant sections of the Ethics Act regarding the filing requirements as well as the financial interests that need to be disclosed are accurately set forth in the Advice of Counsel. To reiterate Williams, Advice No. 99 -590, if you were to accept gifts and donations for a procurement conference and an environmental regulation seminar, such would constitute gift(s) under the Ethics Act. A gift or gifts valued in the aggregate at $250 or more must be disclosed on the Statement of Financial Interests, pursuant to Section 1105(b)(6) of the Ethics Act. 65 Pa.C.S. § 1105(b)(6). You must disclose the name and address of the source, the amount of the gift orgifts, and the circumstances of each gift. Gifts which do not meet the aggregate threshold of $250 need not be disclosed. In this case, you state that you will not be collecting the registration fee or the $500 contribution from Bryn Mawr Trust. Since you are not the recipient of these monies, you would not be required to disclose these items on your FIS. However, any and all gifts you receive, the value of which would be $250 or more in aggregate, would have to be disclosed on your Statement of Financial Interests. The propriety of the proposed conduct has only been addressed under the Ethics Act; the applicability of any other statute, code, ordinance, regulation or other code of conduct other than the Ethics Act has not been considered in that they do not involve an interpretation of the Ethics Act. Specifically not addressed herein is the applicability of the Legislative Code of Conduct. Conclusion: As State Representative for 1 49th Legislative District, you are a public official subject to the provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. §1101 gt agg. Although the receipt of gifts for a procurement conference and an environmental regulation seminar would not be prohibited by the Ethics Act, it would be necessary to list all gifts, with the details as stated above, which are $250 or more in the aggregate on your FIS. Monies for the conference or seminar that are not sent to you or through your office are not required to be reported for FIS purposes. Lastly, the propriety of the proposed conduct has only been addressed under the Ethics Act. Pursuant to Section 1107(11), an 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, provided 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 Williams, 99 -590C September 21, 1999 Page 3 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 51 Pa. Code §13.2(h 1. 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. cerely, Vincent Chief Counsel