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HomeMy WebLinkAbout81-005 StreetRE: Senator, Fund raising Dear Senator Street: I. Issue: III. Applicable Law: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 June 24, 1981 OPINION OF THE COMMISSION Senator T. Milton Street 81 - 005 4804 Broad Street Philadelphia, PA 19140 You request advice as to whether it is a violation of the Ethics Act for an independent group to use your district office telephone number as a contact point for fund raising that will benefit you personally? II. Factual Basis for Determination: You currently serve as a Pennsylvania Senator for the third district. An independent group used your district office telephone number as a contact number for fund raising that will benefit you personally. Section 1. Purpose. The Legislature hereby declares that public office is a public trust and that any effort to realize personal financial gain through public office other than compensation provided by law is a violation of that trust. In order to strengthen the faith and confidence of the people of the State in their government, the Legislature further declares that the people have a right to be assured that the financial interests of holders of or candidates for public office present neither a conflict nor the appearance of a conflict with the public trust. Because public confidence in government can best be sustained by assuring the people of the impartiality and honesty of public officials, this act shall be liberally construed to promote complete disclosure. Senator T. Milton Street June 24, 1981 Page 2 IV. Discussion: Section 3(a). No public official or public employee shall use his public office or any confidential information received through his holding public office to obtain financial gain other than compensation provided by law for himself, 'a member of his immediate family, or a business with which he is associated. The Ethics :Act„ 65 P..S. §401 et seq_., defines public official as. any elected official in the Executive, Legis- lative or Judicial Branch of the State. Id, §402. As an elected State Senator there can be no doubt that you are a public official within the meaning. of the Act. Because you are a public official your conduct is regulated by the Ethics Act, Section 1 of the Act states that the people of the Commonwealth have a right to be assured that the financial interests of public officials present neither a conflict nor the appearance of a conflict with the public trust. 65 P.S. §401. Use of your district office for personal fund raising creates at least the appearance of a conflict of interest between your personal financial interests and your duties as a State Senator. This conflict contravenes the basic purpose of the Act: preservation of the integrity and the appearance of the integrity of the public officials. Further,, Section 3(a) of the Act provides that no public official shall use his public office to obtain financial gain other than compensation provided by law for :himself, his immediate family or a business with which he is associated. 65 P.S. : §403(a). Money raised for your personal use through the literal and physical use of your office itself is compensation other than that provided by law. Section 3(a) is by using your district office as a contact point for such fund raising and it would be a violation of the statute to have your staff (state employees) participate„ in such money raising during business hours, and using state facilities (phones) . The facts in your case, however, present a signifi- cantly different situation from that of a public official personally abusing his public trust. You advised us that the fund-raisers were independent and we assume they were not a group of state employees raising money for you on state time in your district office. Nothing in the Act would prevent volunteers from such fund raising after business hours outside your office where no State facilities were used. As we were advised e re adv b use of your re adv y phone, you have by persons yo raising district office telephone ordered that the by y for number . discontinued fact, use of your office your personal use. B use must be discontinued number has If, in such a violation e ntinued ot been such Section 3(a). Y because such use te This isolated justify pursuing d v o lation of Section 3 matter further (a) the prac is ended will not not authorized forthwith es as to your conduct if view ut orized uch use. i or reinstitution of Commission, however, where The Commiss you had telephone number would mal or another such use as a very serious use of ere office erious V. Conclusion: Senator As State , you are a public official s the Ethics Act. nhmbEr Use of your district office as a contact subject to funds t y personal use creates the group of interest and is P raising p onfl cl gain. rest and a use of public office of a in dependent the action office for nod the Sta g r oup apparently not sanctioned or by an you, the as to ythics Commission will not d or authorized by number has been conduct if use pursue this number b such ended or will be terminated tats activity reoccurs, i mmediately Pursuant Y and defense to Section (9)(i), this opinion Commission, in an y en forcement ne in and evidence proceeding initiate is a complete or criminal and e id n , of good faith d by the or providing onduct in Y all the material facts and r m fitted hhea civil complained of in reliance and co disclosed miven. the acts on the advice given. This letter is a public record as such and will be made available PJS /rdp Senator T. Milton Street June 24, 1981 P age 3 PAUL J.-SMITH Chairman