HomeMy WebLinkAbout82-010 RosenfeldJoseph L. Rosenfeld, City Solicitor
City of Allentown, Bureau of Law
Allentown, PA 18101
RE: Trip By Official, Foreign Country
Dear Mr. Rosenfeld:
I. Issue:
II. Factual Basis For Determination:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
December 23. 1982
OPINION OF THE COMMISSION
82 -010
You ask whether it would be appropriate for a municipal officer to accept
a trip to a foreign country when that trip might be paid by the government of
that country, and whether it is appropriate to accept any gifts of any value
from the government of that country or a resident of said country.
The Mayor of the City of Allentown is considering travelling to Syria.
This trip would be undertaken in the Mayor's capacity as Mayor of the City of
Allentown. The Mayor had been invited to Syria and is interested in accepting
this opportunity because of the large Syrian- American population within the
City of Allentown hereinafter, the City, and because he could review the
possibility of trade with Syria while in that country.
The trip will be entirely paid for, if undertaken, by the Syrian
Government and no public funds will be used to underwrite this trip. The trip
would be cleared through the United States Department of State and a
representative of the State Department would travel with the Mayor and any
other officials.
While on this trip the Mayor anticipates that the government or a
resident of Syria may offer tokens or gifts to him. The Mayor has expressed a
willingness to turn these gifts over to the City.
Joseph L. Rosenfeld, City Solicitor
December 23, 1982
Page 2
III. Applicable Law:
C
The law to be applied to this question is as follows:
IV. Discussion:
Section 3 Restricted Activities
(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. 65 P.S. 403(a).
(b) No person shall offer or give to a public official or
public employee or candidate for public office or a member
of his immediate family or a business with which he is
associated, and no public official or public employee or
candidate for public office shall solicit or accept,
anything of value, including a gift, loan, political
contribution, reward, or promise of future employment
based on any understanding that the vote, official action,
or judgment of the public official or public employee or
candidate for public office would be influenced thereby.
65 P.S. 403(b).
As the elected official of the City of Allentown, a Third Class,
Optional - Charter City, the Mayor is considered a "public official" within the
meaning of that term as set forth in the Ethics Act. As such, the conduct of
the Mayor must conform to the requirements of the Ethics Act. However, the
Act was not intended to inhibit a public official or public employee from
tarring out his or her official responsibilities. Under the facts, as stated
above, this trip, undertaken at the invitation of a host country at their
expense, is not being offered to influence the Mayor's official conduct in any
manner. Likewise, the Mayor's acceptance of this trip could not be deemed to
be made with the understanding that his official conduct would be influenced
thereby. See Section 3(b) of the Ethics Act, 65 P.S. 403(b).
In this factual context it is clear that the Mayor would be performing
part of his official responsibility if he were to travel as suggested.
Furthermore, given our conclusion that this trip is not prohibited under the
Ethics Act, the Mayor may accept gifts of value from the government of the
host country or any resident of said country so long as they are not given or
accepted with the understanding that the Mayor's official conduct would be
influenced thereby as set forth above. However, because these gifts are being
offfered to the Mayor in his official capacity it would seem inappropriate for
the Mayor, in his private capacity, to retain possession of these gifts.
Accordingly, if such gifts are offered and accepted by the Mayor in his
official capacity, those gifts should be turned over to the City to be
retained by the City.
Joseph L. Rosenfeld, City Solicitor
December 23, 1982
Page 3
V. Conclusion:
The Mayor, in his official capacity, may perform all the functions
required of that office, including undertaking the above- referenced trip and
accepting gifts offered in conjunction with that trip without violating the
provisions of the Ethics Act. Any gifts that are received by the Mayor in his
official capacity as Mayor on any such trip, however, should be turned over to
and retained by the public body the Mayor is representing when undertaking
this trip, in this instance the City of Allentown.
Pursuant to Section 7(9)(i), this opinion is a complete defense in any
enforcement proceeding initiated by the Commission, and evidence of good faith
conduct in any civil or criminal proceeding, providing the requestor has
disclosed truthfully all the material facts and committed the acts complained
of in reliance of the advice given.
This letter is a public record and will be made available as such.
Finally, any person may request within 15 days of service of the opinion that
the Commission reconsider its opinion. The person requesting reconside-
ration should present a detailed explanation setting forth the reasons why the
opinion requires reconsideration.
By the Commission,
PAUL J
Chairm.n