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HomeMy WebLinkAbout248 BishMiss Betty Bish County Treasurer's Office Butler County Lafayette Building Main Street Butler, PA 16001 Re: No. 83-71-C Dear Ms. Bish: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION November 1, 1983 Order No. 248 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, an employee in the county treasurer's office, are a candidate for the position of county treasurer and have been distributing election campaign material to people in the treasurer's office and that this is a use of your public office and or confidential information and thus a violation of Section 3(a) of the Ethics Act. A. Findings: 1. That you were a candidate for the office of Treasurer in Butler County for the May, 1983 Primary Election and as such are subject to the provisions of the Ethics Act (Act 170 - 1978). 2. You also serve as the Butler County Deputy Treasurer and as such are a public employee as that term is used in the Ethics Act. Betty Bish Page 2 3. Prior to the 1983 Primary Election, you and other employees of the Treasurer's office distributed cards in the Treasurer's office. 3.a. These cards contained key dates in hunting and fishing seasons and the statement "Compliments of Betty J. Bish." b. There was no solicitation for support of your election campaign on the cards. 4. You paid for these cards. No county funds were used in their preparation or printing. 5. Similar cards which did request political support were distributed by you to sporting goods stores in Butler County but were not made available in the Treasurer's office. 6. You did not receive the nomination in the primary election. B. Discussion: Section 3(a) of Act 170 states: 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). The Commission has ruled that the use of public resources or personnel in public offices for political campaigns is a violation of Section 3(a) of the Act. See McClatchy, 130 -C. However, the cards distributed in the Treasurer's office did not solicit support for your political campaign and were not paid for by public funds. While some employees' time may have been used in the distribution of these cards, it would appear to be minimal and none of these cirucumstances are sufficient to find a violation of Section 3(a) of the Ethics Act. The Commission must also consider Section 1, the "Purpose" of the Act, which states: 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 November 1, 1983 Betty Bish Page 3 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. 65 P.S. 401. November 1, 1983 The Commission has already determined that the use of public office for personal political purposes would create an appearance of a conflict of interest with the public trust even if costs were reimbursed. See Cessar, 82 -002. There was no representation on the cards that they were part of your official responsibilities or that they were being handed out as part of your political campaign. In addition, you paid for the cards. Under these circumstances, you did not create the appearance of a conflict of interest with the public trust. C. Conclusion: You did not violate Section 3(a) of the Ethics Act or create the appearance of a conflict of interest with the public trust when you distributed cards in your office which contained the statement "Compliments of Betty J. Bish" but which did not represent themselves as official items, and did not seek support of your political campaign, and were not prepared or published at public expense. 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 (defined as mailing) 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 may violate this confidentiality by releasing, discussing or circulating this Order. Betty Bish Page 4 November 1, 1983 Any person who violates the confidentiality of a Commission proceeding is guilty of a misdemeanor and shall be fined not more than $1,000 or imprisoned for not more than one year or both, see 65 P.S. 409(e). PJS /jc By the Commission, au J. smith Chairm