HomeMy WebLinkAbout85-503 PistellaFrank J. Pistella, Member
House of Representatives
Commonwealth of Pennnsylvania
House P.O. Box 135
Harrisburg, PA 17120
STATE ETHICS COMMISSION
308 FINANCE BUILDING
P.O. BOX 11470
HARRISBURG, PA 17108 -1470
TELEPHONE (717) 783 -1610
January 7, 1985
ADVICE OF COUNSEL
85 -503
Re: Simultaneous Service, Member, House of Representatives and Child Care
Center Board Member
Dear Representative Pistella:
This responds to your letter of December 21, 1984, in which you requested
advice from the State Ethics Commission.
Issue: You ask whether, as a Member of the House of Representatives you may
also serve as or undertake activity as a member of the Board of Directors of a
child care center.
Facts: You indicate that you currently serve as a member of the House of
Representatives from the 21st legislative district. You have been asked to
serve on the Board of Directors, hereinafter the Board, for a child care
center in your District. The child care center in question is a private,
non - profit child care center by the name of the Louise Child Care Center,
hereinafter the Center. The Center does receive Title XX funding from the
government through the state of Pennsylvania.
You wish to know if your participation as a member of the Board would
present a conflict under the Ethics Act.
Discussion: In your capacity as a member of the House of Representatives you
are a "public official" as that term is defined in the State Ethics Act. As a
public official your conduct must conform to the provisions of the State
Ethics Act. The most pertinent provision of the State Ethics Act in reference
to the question you present is Section 3(a) of the Ethics Act as follows:
Frank J. Pistella
January 7, 1985
Page 2
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).
Of course, under this provision, you may not use your public position to
secure any financial gain for the Center. However, as outlined above, there
does not appear to be a real possibility of any financial gain or inherent
conflict arising if you were to serve both as a public official and /or public
employee and as member of the. Board of the Center.
Basically, the Ethics Act does not state that it is inherently
incompatible for a public official and /or employee to serve as a member of
such a Board. The main prohibition under the Ethics Act and Opinions of the
Ethics Commission is that you may not serve the interests of two persons,
groups, or entities whose interests may be adverse. See Alfano, 80 -007. In
the situation outlined above, you would not he serving entities with interests
which are adverse to each other.
Essentially, the mere fact that the Center receives funds through the
state does not, per se, preclude you from serving as a member of the Board of
the Center. Of course, should any situation arise in which you, as a member
of the House, would be asked to vote on matters which would specifically and
particularly and individually affect the Center, you may well have to abstain
from voting on such legislation in order to avoid any appearance of conflict
of interest with the public trust.
We note that this Advice is issued solely under the Ethics Act and should
not be understood to serve as "clearance" to operate as outlined above under
any codes, statutes, ordinances, regulations, etc. other than the Ethics Act.
Conclusion: Under the circumstances outlined above, there is no inherent
prohibition under the Ethics Act for you to serve both as a public official
and /or employee and as a member of the Board of this Center. Accordingly, you
may, consistent with the Ethics Act, serve in these capacities
simultaneously.
Frank J. Pistella
January 7, 1985
Page 3
Pursuant to Section 7(9)(ii), this Advice is a complete defense in any
enforcement proceeding initiated by the Commission, and evidence of good faith
conduct in any other civil or criminal proceeding, providing the requestor has
disclosed truthfully all the material facts and committed the acts complained
of in reliance on the Advice given.
This letter is a public record and will be made available as such.
Finally, if you disagree with this Advice or if you have any reason to
challenge same, you may request that the full Commission review this Advice. A
personal appearance before the Commission will be scheduled and a formal
Opinion from the Commission will be issued. Any such appeal must be made, in
writing, to the Commission within 15 days of service of this Advice pursuant
to 51 Pa. Code 2.12.
SSC /sfd
Sincerely,
(-41-
ndra S. Christ anson
General Counsel