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Home My WebLink About92-577STATE ETHICS COMMISSION 309 FINANCE BUILDING PO. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783.1610 ADVICE OF COUNSEL May 8, 1992 The Honorable Katherine McHale 92 -577 House of Representatives Room 6A, East Wing House P.O. Box 20 Main Capitol Building Harrisburg, PA 17120 -0028 Re: Public Official, General Assembly, Representative, Governmental Body, Travel, Lodging, Hospitality, FIS. Dear Representative McHale: This responds to your letter of April '27, 1992, in which you requested advice from the State Ethics Commission. Issue: Whether the Public Official and Employee Ethics Law presents any prohibition or restrictions upon a Member of the General Assembly with regard to traveling to speak to a newly formed government on the democratic process in Pennsylvania, where the host government will provide lodging for the Representative. Facts: As a Member of the House of Representatives for the Commonwealth of Pennsylvania you request an advisory from the State Ethics Commission. You have been invited by the Council of People's Deputies of the City of Riga, District Vidzeme, Latvia, to speak to their newly formed government on how the democratic process works in Pennsylvania. You have enclosed a copy of your itinerary along with approximately eight pages of related correspondence to and from Mr. Arturs Punovskis and Mr. Valdis Zakis, who represent the Latvian Government, all of which documents are incorporated herein by reference. You state that you have purchased the airline ticket at your own expense. Your hosts are providing lodging while you stay in Riga. Based upon all of the above, you request an advisory as to any ethical considerations of which you should be aware. E iSbussion: Because you have submitted a general request for an 'advisory, Various 'provisions of the 'Ethi2s Law wii11 be nOted, some for informational purposes only. Katherine McHale, Member May 8, 1992 Page 2 Section 3(a) of the Ethics Law provides: Section 3. Restricted Activities. (a) No public official or public employee shall engage in conduct that constitutes a conflict of interest. The following terms are defined in the Ethics Law as follows: Section 2. Definitions. "Conflict or conflict of interest." Use by a public official or public employee of the authority of his office or employment or any confidential information received through his holding public office or employment for the private pecuniary benefit of himself, a member of his immediate family or a business with which he or a member of his immediate family is associated. "Conflict" or "conflict of interest" does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member of his immediate family or a business with which he or a member of his immediate family is associated. "Authority of office or employment." The actual power provided by law, the exercise of which is necessary to the performance of duties and responsibilities unique to a particular public office or position of public employment. In addition, Sections 3(b) and 3(c) of the Ethics Law provide in part that no person shall offer to a public official /employee anything of monetary value and no public official /employee shall Solicit or accept anything of monetary value-based upon upon the understanding that the vote, official action, or judgement of the public official /employee would be influenced thereby. Reference is made to these provisions of the law not to imply that there has been or will be any transgression thereof but merely to provide a complete response to the question presented. Finally, as a general note, Section of the Ethics Law Katherine McHale, Member May 8, 1992 Page 3 provides as follows Section 3. Restricted activities (d)(1) No . public official or public employee shall accept an honorarium. (2) This subsection shall not be applied retroactively. 65 P.S. S403(d). Having set forth the above provisions -for informational purposes only, Section 5 of the Ethics Law shall now be addressed which would be of direct relevance in your case. As a Representative for the, General Assembly of the Commonwealth of Pennsylvania, you are a public official as that term is defined under the public Official and Employee - Ethics Law and as such you are subject to the provisions of that law. The Ethics Law disclosure requirements regarding any payment for or reimbursement of actual expenses for transportation, lodging and/or hospitality received in connection with public office or employment are set forth at Section 5, which provides in pertinent part: Section 5. Statement of-financial interests (a) The statement of financial interests filed pursuant to this act shall be on a form prescribed by commission. All information requested` on, the , statement shall be provided to the best of the knowledge, information and belief of the person required to file and shall be signed under oath or_ equivalent affirmation. (b) The statement shall include the . following information for the prior calendar year with regard to the person required to file the statement. (7)(i) The name and address of the source and the amount of any payment for or reimbursement • of actual expenses for transportation and lodging or hospitality received in connection with public office or employment where such actual Katherine McHale, Member May 8, 1992 Page 4 expenses for transportation and lodging or hospitality exceed $500 in the course of a single occurrence. This paragraph shall not apply to expenses reimbursed by a governmental body, or to expenses reimbursed by an organization or association of public officials or employees of political subdivisions which the public official or employee serves in an official capacity. (ii) This paragraph shall not be applied retroactively. 65 P.S. S 405(a), (b), (b)(7)(i),(ii). Section 5(b)(7) excludes from the disclosure requirements expenses reimbursed by .a governmental body and expenses reimbursed by organizations /associations of public officials /employees of political subdivisions wherein the public official /employee serves in an official capacity. The term "governmental body" is defined under the Ethics Law as follows: 65 P.S. S402. Section 2. Definitions "Governmental. body." Any department, authority, commission, committee, council, board, bureau, division, service, office, .. officer, administration, legislative body, or other establishment' in the Executive, Legislative or Judicial Branch of a state, a nation or a political subdivision thereof or any agency performing a governmental function. The facts which you have submitted indicate that you have purchased your own airline ticket and the Latvian Government itself will be providing lodging for you. Accordingly, travel expenses received from the Latvian Government would not have to be reported on the Statement of Financial Interests, because the Latvian Government would be within the Section 5(b)(7) exclusion. The propriety of the proposed conduct has only been addressed under the Ethics Law; the applicability of any other statute, code, ordinance, regulation or other code of conduct other than the Katherine McHale, Member May 8, 1992 Page 5 Ethics Law has not been cons tiered in that they do not involve an interpretation: of the Ethics Law. Specifically not addressed herein is the applicability of the Legislative Code of Conduct or any reporting requirements for lobbyists. Conclusion As a- Member of the General Assembly of the Commonwealth of Pennsylvania, you are a public official subject to the provisions of the Ethics Law. Section 5(b)(7) of the Ethics Law requires a Member of the General Assembly to list the name and address of the source, and the amount of payments or reimbursements for expenses: as to transportation, lodging and hospitality which exceed $500.00 in the course of a single occurrence. Lodging expenses paid by the Latvian Government for travel to speak to that newly formed government on the democratic process in Pennsylvania would not have to be reported because the Latvian Government would be within the exclusionary language of Section 5(b)(7) of the Ethics Law. Lastly, the propriety of the proposed conduct has only been addressed under the Ethics Law. Pursuant to Section 7(11), 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. such. This letter is a public record and will be made available as 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 in writing and must be received at the Commission within 15 days of the date of this Advice pursuant to 51 Pa. Code $2.12. ncerely, .VY Vincent Dop o Chief Counsel ! .. •