HomeMy WebLinkAbout02-619 TikosGeorgios Tikos
817 Shadeland Avenue
Drexel Hill, PA 19026
Dear Mr. Tikos:
ADVICE OF COUNSEL
November 19, 2002
Re: Simultaneous Service, Deputy Constable and Republican Committeeman.
02 -619
This responds to your letter of October 18, 2002, by which you requested advice from
the State Ethics Commission.
Issue: Whether the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S.
01 et seq., imposes any prohibition or restrictions upon a deputy constable with regard to
simultaneously serving as a Republican Committeeman.
Facts: As a part -time Deputy Constable, you seek guidance from the State Ethics
Commission as to whether you may also serve as a Republican Committeeman for electoral
precinct 3 -2 in Upper Darby Township. You state that that the position of Republican
Committeeman is a non - paying elected position.
Discussion: It is initially noted that pursuant to Sections 1107(10) and 1107(11) of the
Ethics Act, 65 Pa.C.S. §§ 1107(10), (11), advisories are issued to the requestor based upon
the facts which the requestor has submitted. In issuing the advisory based upon the facts
which the requestor has submitted, the Commission does not engage in an independent
investigation of the facts, nor does it speculate as to facts which have not been submitted. It is
the burden of the requestor to truthfully disclose all of the material facts relevant to the inquiry.
65 Pa.C.S. §§ 1107(10), (11). An advisory only affords a defense to the extent the requestor
has truthfully disclosed all of the material facts.
It is further initially noted that the Commission, in the exercise of its jurisdiction, is
limited to making determinations under the Ethics Act. It is beyond the scope of the Ethics Act
and the function of the Commission to make determinations as to other state laws, regulations
or Constitutions. Accordingly, the scope of this advisory is necessarily limited to applying the
Ethics Act to your inquiry.
In your capacity as a Deputy Constable, you are a public official subject to the
provisions of the Ethics Act. 65 Pa.C.S. § 1102; 51 Pa. Code § 11.1; Riley, Opinion 00 -008.
However, in your prospective capacity as a Republican Committeeman, you would not be
considered a public official as that term is defined by the Ethics Act. 51 Pa. Code § 11.1
( "public official," subparagraph (ii)).
Tikos 02 -619
November 19, 2002
Page 2
Section 1103(a) of the Ethics Act provides:
§ 1103. Restricted activities
(a) Conflict of interest. —No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
65 Pa.C.S. § 1103(a).
The following terms pertaining to conflicts of interest under the Ethics Act are defined
as follows:
§ 1102. 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. The term 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.
65 Pa.C.S. § 1102.
In applying the above provisions of the Ethics Act to your inquiry, you are advised that
the Ethics Act would not prohibit you from simultaneously serving as a Deputy Constable and
as a Republican Committeeman. The latter position is a non - paying position and, although it is
an elected position, it is not considered a public office under the Ethics Act. Therefore,
simultaneous service in these two positions would not, in and of itself, transgress the Ethics
Act, because you would not be simultaneously holding incompatible public positions so as to
obtain a prohibited private pecuniary benefit.
Lastly, the propriety of the proposed conduct has only been addressed under the
Ethics Act.
Conclusion: As a Deputy Constable, you are a "public official" subject to the
provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et
seq. The Ethics Act would not prohibit you from simultaneously serving as a Deputy
Constable and as a Republican Committeeman. Lastly, the propriety of the proposed conduct
has only been addressed under the Ethics Act.
Pursuant to Section 1107(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
Tikos 02 -619
November 19, 2002
Page 3
or criminal proceeding, provided 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 appeal the Advice to the full Commission. A
personal appearance before the Commission will be scheduled and a
formal Opinion will be issued by the Commission.
Any such appeal must be in writing and must be actually received at
the Commission within thirty (30) days of the date of this Advice pursuant
to 51 Pa. Code § 13.2(h). The appeal may be received at the Commission
by hand delivery, United States mail, delivery service, or by FAX
transmission (717- 787 - 0806). Failure to file such an appeal at the
Commission within thirty (30) days may result in the dismissal of the
appeal.
Sincerely,
Vincent J. Dopko
Chief Counsel