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HomeMy WebLinkAbout173 MiklosMr. George B. Miklos, President West Mifflin Borough Council 113 Castle Drive West Mifflin, PA 15122 RE: #82 -50 -C Dear Mr. Miklos: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION No. 173 February 28, 1983 The State Ethics Commission has received a complaint regarding you and a possible violation of Act 170 of 1978. The Commission has now completed its investigation. The individual allegations, conclusions and findings on which those conclusions are based are as follows: I. Allegation: That you are using your public office for private purposes by distributing a campaign letter containing your name and office title and that this is a conflict between your public responsibilities and private interests. A. Findings: 1. As President of West Mifflin Borough, you are a public official and subject to the requirements of the State Ethics Act, Act 170 of 1978. 2. You served as Chairman on a Campaign Committee for Mr. C. L. Jabbour during the primary election of 1982. 3. An undated letter requesting support for the candidacy of Mr. Cl L. Jabbour, noting that a candidates night was scheduled for May 12, and enclosing tickets to sell was mailed to various businesses and individuals. 4. Some of the businesses who received the letter did business with the Borough. a. Some of these businesses contributed; some did not. b. None of the businesses believed they were being coerced into buying tickets to continue doing business with the borough. 5. The solicitation letter did not identify the person or group paying for it. Mr. George B. Miklos, President February 28, 1983 Page 2 6. Your name and the title of your elected office of President appeared on the letter soliciting support for Mr. Jabbour. You were identified as a member of the Campaign Committee. 7. There was no disclaimer or other indication on the letter that you were supporting Mr. Jabbour as a private citizen, not an elected offical. 8. You permitted the use of your name and official title on this political mailing. 9. These solicitations do not constitute official business of West Mifflin Borough and were solely for the purpose of supporting Mr. Jabbour as a candidate in the 1982 primary election. 10. There is no evidence that you received financial gain from this activity. B. Discussion: Section 3(a) of the Ethics Act requires that: (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). There is no evidence that you realize financial gain or that these activities were conducted for the purpose of realizing financial gain, therefore, there is no violation of Section 3(a). Section 1 of the Ethics Act requires that a public official avoid even "the app arance of a conflict with the public trust." The Commission has previously decided that a public official could allow the use of his official title on solicitation material of a charitable organization but noted that this was a narrow ruling and did not preclude a different decision in other circumstances. Golden, 80 -051. The Commission has also ruled that a State Representative's use of the Commonwealth Seal and the House of Representatives letterhead was not a violation of the Ethics Act because it contained a notation that it was paid for by the Representative's private funds. Williams 81 -76 -C. In a later ruling the Commission found an appearance of a conflict of interest was created where a public official used his official title on a letter responding to issues raised in a political campaign of the official for whom he worked, Critchlow, #82- 195 -C. While your case is similar to that reviewed in Critchlow, in that it also involves actions as part of a political campaign, it differs in that you do not work for the public official, you supported and thus, your personal and financial interests are not as closely related to Mr. Jabbour as were those present in Critchlow. Mr. George B. Miklos, President February 28, 1983 Page 3 C. Conclusion: You did not violate Section 3(a) of the Ethics Act when you allowed your official title to be used in the campaign for Mr. C. L. Jabbour. Our files in this case will remain confidential in accordance with Section 8(a) of the Ethics'Act, 65 P.S. 408(a). However, this Order is final and will be made available as a public document 15 days after service unless you file documentation with the Commission which justifies reconsideration and /or challenges pertinent factual findings. See 51 Pa. Code 2.38. During this 15 -day period, no one, including the Respondent unless he waives his right to challenge this Order, may violate this confidentiality by releasing, discussing or circulating this Order. Any person who violates the confidentiality of a Commission proceeding is guilty of a misdemeanor and shall be fined not more than $1000 or imprisoned for not more than one year or both, see 65 P.S. 409(e). EMS /rdp By the Commission, -Paul J. Chairman mith