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HomeMy WebLinkAbout272 SpenceMs. Margaret R. Spence Venango County Treasurer 5 West Fifth Street Oil City, PA 16301 Re: No. 83 -60 -C STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION January 6, 1984 Order No. 272 Dear Ms. Spence: 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, County Treasurer of Venango County, are in violation of Section 3(a) of the Ethics Act because your employees are wearing your campaign badges, campaign material is in the treasurer's office to be handed out to the public; you have set up satellite offices in various parts of the county and pencils, notepads and cards containing your campaign ads were handed out at those offices; that campaign cards for your re- election were enclosed with county licenses, and that in a talk during an after -hours tour of the Courthouse you made mention of the campaign material on the counter and invited persons to take these items and this is use of your public office for personal gain and a violation of Section 3(a) of the Ethics Act. A. Findings: 1. You were appointed to fill an unexpired term as Venango County Treasurer and were sworn into that office on May 11, 1982. As an appointed public official you are subject to the terms and provisions of the Ethics Act. 2. You were a successful candidate for the office of Venango County Treasurer in the 1982 Primary Election and your name will be on the 1983 General Election ballot. Margaret R. Spence January 6, 1984 Page 2 3. Three employees in your office wore campaign buttons while working in that office. a. They wore these buttons voluntarily. b. They discontinued wearing the buttons in April, 1983, after questions were raised about the propriety of these actions. 4. You made notepads, pencils and other material available for the public at your office, Venango County Treasurer's office, and satellite service offices you had established. a. One notepad included the statement "Make a note to vote for Margaret R. Spence, Venango County Treasurer, proven efficiency." b. The pencil contained the statement "Vote Margaret R. Spence." c. A second notepad said, "Compliments of Margaret R. Spence, your Venango County Treasurer, experience plus integrity." d. A Billfold Guide to hunting and trapping seasons for Venango County said, "Compliments of Margaret R. Spence, Treasurer of Vanango County." e. You encouraged the public to take these materials. f. About the end of April, 1983, the materials were removed from your office and are no longer available to the public. 5. Your campaign cards were included with applications for dog licenses which were mailed to applicants in the County. a. You state there were no more than six such mailings. b. The former Treasurer's name and address were on the applications. c. Your personal return address was stamped on the envelopes which contained the dog license applications; you provided stamps for these envelopes. 6. The normal procedure for applicants returning the application is to include a self- addressed, stamped envelope in which the license is returned. a. In at least one case, your campaign card stating "Re-elect Margaret R. Spence" was included with the license. Margaret R. Spence January 6, 1984 Page 3 7. During an after -hours public tour of your office, you noticed the notepads and other campaign material. 8. It is your understanding that the practice of handing out campaign material in public offices was a common one in Venango County. 9. No public funds were spent for the preparation and printing of these materials. B. Discussion: Section 3(a) of the Ethics Act states: Section 3. Restricted Activities. (a) No public official or public employee shall use his public office or any confid?ntial 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 previously ruled that public funds can be used only for official business and the question of whether an activity is "official business is decided by considering :whether the material included appeals for political support, referred to. :what a puba;ic : official expects to do, if elected, discusses the upcoming,lection, refers ,to p alitical opponents, or can be viewed as one :designed primarily to advance electoral prospects. Rappaport, No...126. :141e Commission has also previously held that the use of public office for the personal financial benefit of the officeholder is .violation of Section 3(a).- See McClatchy, No. 130. Our consideration of the - proper use of public office is undertaken with the understanding.,that each person has the right to express and -act on his or her private .pol preferences. Thus, the fact that workers within your office voluntarily wore campaign buttons should not runs afoul of the Ethics Act. However, we must recognize that your election would be financially beneficial to you. Mailing your personal campaign,cards in offici -al envelopes with county license applications and licenses was a use of your office and public facilities to benefit your, re,- electron and must be viewed differently from the above situation. This-activity constitutes a violation of Section 3(a). However, the number ofthese actions small and they were stopped when questions were raised. In addition, the gain to you was minimal and under these circumstances, the Commission will take no furtheraction as long as these activities or similar ones,.du. not recur. Margaret R. Spence January 6, 1984 Page 4 In addition, the Commission must consider Section 1 of the Act which states: 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. 65 P.S. 401. The Commission has also ruled that an appearance of a conflict of interest with the public trust would be created if a state representative used his or her district office to conduct an election campa.tgn even if no public funds were used or if reimbursement were made. Cessar, 82 -002. A reasonable view of the obligations of public officials and public employees to avoid even the appearance of a conflict with the public trust recognizes that incidental campaign activities may occur in a puhlic office without creating the appearance of a conflict under Section 1 of the Ethics Act. But the systematic use of public office or confidential information gained through that office is prohibited. You created the appearance of a conflict of interest with the public trust when you made your campaign material available in the County Treasurer's office on a systematic basis. However, you have stopped these activities and the Commission will take no further action. Voluntary wearing of campaign buttons as an expression of personal preference does not . violate the Ethics Act. C. Conclusion: You violated Section 3(a) of the Ethics Act when you put your personal campaign literature in official county mail. However, this activitity was minimal and the Commission will take no further action. In addition, you created the appearance of a conflict of interest with the public trust by having your campaign material available in your public office, the County Treasurer's Office of Venango County. You have also stopped these activities and the Commissi•on will take no further action. Margaret R. Spence January 6, 1984 Page 5 Our files in this case will remain confidential An 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 mailin §) 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 $1,000 or imprisoned for not more than one year or both, see 65 P.S. 409(e). PJS /jc By the Commission,