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Home My WebLink About80-051 GoldenGregg H. S. Golden Deputy Attorney General', Department of Justice 16th Floor, Strawberry Sq. Harrisburg, PA 17120 STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 • December 3, 1980 OPINION OF THE COMMISSION 80 -051 RE: Non- profit Corporation, Use of Official Title Dear Mr. Golden: I. Issue: You request a clarification on the following questions: 1. To what extent can you actively participate in the solicitation of funds, using you name and official title to promote the interests of the non - profit educational corporation for which you serve as Corporate Secretary? 2. May this participation include communication with Pennsylvania universities, colleges, and community colleges? II. Factual Basis for Determination: You currently serve as a Deputy Attorney General in the Litigation Division of the Office of Civil Law, Department of Justice. You also serve as a member of the Board of Trustees and as Corporate Secretary for a non - profit educa- tional corporation. You do not receive any salary or compensation for the'time and effort that you devote to the interests of this nonprofit educational corporation. Your expenses are not even reimbursed by this corporation although certain officers of the corporation are reimbursed for significant travel and business expenses if they devote a large part of their time to the corporate affairs. The non- profit corporation referred to subsists entirely on fees charged to the students who utilize its services and on contributions of money, labor, and equipment. Gregg H. S. Golden December 3, 1980 Page 2 The non - profit educational corporation is undertaking a significant expansion effort in that it will attempt to increase the number of participating students and schools and to raise funds from private enterprises and charitable foundations. You have been asked to participate in this solicitation effort through personal appearances and /or contacts and by written communications, utilizing your name and official title. You will receive no personal payment, benefit, etc. from your participation. III. Applicable Law: The most pertinent provisions of the Ethics Act to be reviewed are Sections 1 and 3(a). These are repeated below: "Section 1, Purpose. The Legislation 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 govern- ment 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. "Section 3(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). Gregg H. S. Golden December 3, 1980 Page 3 IV. Discussion: There is no dispute or doubt that you are a "public employee" as that term is used in the Ethics Act. Thus, the Commission must address the basic question of whether the use of your name and official title in the written solicita- tion efforts of the non - profit educational corporation constitutes either a conflict of interest with your public office or employment or en appearance of such a conflict of interest. The Commission views the above question as the out- standing issue in this case since it is clear that you may participate actively in the solicitation efforts, including attending luncheons, contact with Pennsylvania universities, colleges, and community colleges, and other similar activi- ties conducted in person. The impact, however, of your use of your name and official title in written solicitation materials, such as letters or other types of correspondence is of prime concern. Specifically, it is without doubt that your use of your title will be of some benefit to the educational corporation in cuestion. You indicate yourself that using your title may lend credibility and legitimacy to the corporation and its programs. However, the Commission perceives that there is little potential that inclusion of your official title on written solicitation materials would result in personal gain for yourself. Thus, using your name and title on solicita- tion material and even on other data not specifically or originally developed for solicitation purposes in your case, is not prohibited. However, the Commission notes that it is difficult to distinguish the use of your official .title (Deputy Attorney General) for the laudable aims of the education corporation in question from, for example, a circumstance in which a high -level political or public official would use his official title to endorse or solicit materials for an organization which is under his administrative control, for example, or for an organization not of . such a laudable nature as the one with which you are associated. Gregg H. S. Golden December 3, 1980 Page 4 Recognizing this, the Commission, while allowing you to use your official title without violating the provisions of Section 3(a) of the Ethics Act does not foreclose the possi- bility that another public employee /official might, under different factual circumstances, be precluded from using his name and title. Circumstances may exist under which the Commission might find that use of one's public office, by use of one's official title, must be prohibited in order to avoid an appearance of 'a conflict of interest as descibed in the Ethics Act. We find that in your case the use of your official title in personal contact, on data designed or not designed for solicitation does not violate Act 170. As you know, you may not use the offices, or, for example, the stationery of the Department of Justice in these solicitation efforts. V. Conclusion: As a "public employee" you must avoid even the appear- ance of a conflict of interest. However, we conclude that in the circumstances you describe, you may allow your name and official title to be used on written material which would be utilized to solicit funds for a non- profit educa- tional corporation or other material prepared by or for this corporation. You may engage in personal contact including contact which would be designed to raise funds for this non - profit educational corporation. You are not prohibited from using your name and /or title in these personal appearances. Finally, you may contact and communicate with Pennsylvania universities, colleges, and community colleges in person or through written solicitations. The Commission specifically limits this ruling to you in your position with Department of Justice and the facts surrounding your. request. Pursuant to Section 7(9)(i), this opinion is a complete defense in any enforcement proceeding initiated by the Commission, and evidence of good faith conduct in any civil or criminal proceeding, providing the requestor has disclosed Gregg H. S. Golden December 3, 1980 Page 5 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. PJS /rdp PAUL J. SMITH Chairmy