McGuire v. State Ethics Commission

In McGuire v. State Ethics Commission, 657 A.2d 1346 (Pa. Cmwlth. 1995), the Commission determined that McGuire and another individual, Marchitello, had violated Section 3(a) of the former version of the Act by receiving excess compensation for serving as board members and officers of the North Versailles Township Sanitary Authority. Id. at 1348-50. On appeal to this Court, McGuire and Marchitello argued that the Commission erred because a violation of Section 3(a) requires more than mere passive and unknowing acceptance of excessive compensation. Id. at 1350-51. The Commission countered by arguing that: based on this Court's decision in Yocabet, intent is not required to find a violation of Section 3(a); and an employee's acceptance of excess compensation is not passive. Id. at 1351. The Court responded as follows: While Yacobet does not require intent in order to find a violation of Section 3(a) of the Ethics Act has occurred, it does not mean that a public official does not have to take action to fall within that section's prohibition. Section 3(a) of the Ethics Act requires that a public official "use" his public office to obtain financial gain. "Use", however, is not defined. The Commission's belief that mere acceptance of a check constitutes "use" of a public office reaches beyond the limits of the normal interpretation of that term in the context provided. "Use" of public office requires action by a public official that in some way facilitates his receipt of compensation to which he is not entitled, such as in Yacobet sic where the individual voted to increase his own salary without having authority to do so. Mere mistaken acceptance by a public official of a compensation check in an amount that was determined prior to his term in office is devoid of the type of action needed to constitute "use" of office for the purpose of obtaining personal financial gain. Id. at 1351-52.