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HomeMy WebLinkAbout85-527 HugesMs. Barbara M. Hughes 566 Egypt Road RD #1 Phoenixville, PA _ STATE ETHICS COMMISSION 308 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 1 71 08 -1 470 TELEPHONE (717) 783 -1610 March 22, 1985 85 -527 RE: Conflict of Interest; Candidacy for Tax Collector; Spouse Township Employee Dear Ms. Hughes: This responds to your letter of March 3, 1985, wherein you requested the advice of the State Ethics Commission. Issue: Whether any conflict of interest is presented by your candidacy for township tax collector in the township where your spouse is a public employee. Facts: You indicate that you are currently a candidate for the office of township tax collector for Upper Providence Township. Your husband is currently employed by the township as a code enforcement officer. In this capacity, your husband generally is responsible for the enforcement and administration of the township zoning and subdivision ordinances and building codes. In this respect he reports directly to the township manager and acts as a liaison between the planning commision and the zoning hearing board. We have reviewed the job description for this position and that document is incorporated herein by reference. Discussion: At the outset, it must be noted that as a township tax collector you would be a public official within the purview of the State Ethics Act. 65 P.S. §402. Additionally, as a code enforcement officer, your husband would also be a public employee as that term is defined in the Ethics Act. As such, your ,. conduct, as well as your husband's conduct, must conform to the requirements of the Ethics Act. Generally, the State Ethics Act contains no provisions and the Ethics Commission has made no rulings indicating that the situation involved herein would present any inherent incompatibility. The Act does provide that: Ms. Barbara M. Hughes March 22, 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). In this respect you may not, if you are elected township tax collector, engage in any activity that would be in violation of this section. That is, you may not use your_official position or any confidential information acquired therein to obtain any financial gain either for yourself or for your husband in his current position. A review of the facts that you have presented to the Commission indicated that neither you nor your husband are in a position to personally benefit, influence or affect each other. It appears as though there are no dealings between the office of township tax collector and the township code enforcement officer. As such, there appears to be no prohibition placed upon you or your spouse under §403(a) of the Act at this time. You are advised, however, that should any situation develop in the future that alters the current nature of this inter - governmental relationship, additional advice of the Commission should be obtained. It should also be noted here, that while the Ethics Act would place no prohibition upon your candidacy for the position of tax collector, you are reminded that your spouse, as a public employee, may not use his public position to benefit your campaign. Thus, he may not within this restriction use any personnel, facilities, etc., of the township to benefit your campaign. See Cessar, 82 -002. The State Ethics Commission is also empowered to address other areas of possible conflict as they arise. 65 P.S. §403(d). In this respect, as a public official, you must, if elected, avoid a conflict of interest as well as the appearance of such a conflict. 65 P.S. §401, see; Opinion 83 -012, O'Reilly. As such, you should abstain from participation in any action that may he of interest to your spouse. Similarly, as a public employee, your husband should not participate in any action that would be beneficial to you as township tax collector. In this way, even the appearance of a conflict is negated. See opinion 80 -012, Cohen. Finally, in an effort to he complete, you are remineded that all candidates for public office must observe the requirement of the Ethics Act as they are contained in Section 3(b) of the Act: Ms. Barbara M. Hughes March 22, 1985 Page 3 Section 3. Restricted activities. (b) No person shall offer or give to a public official or public employee or candidate for public office or a member of his immediate family or a business with which he is associated, and no public official or public employee or candidate for public office shall solicit or accept, anything of value, including a gift, loan, political contribution, reward, or promise of future employment based on any understanding that the vote, official action, or judgment of the public official or public employee or candidate for public office would be influenced thereby. 65 P.S. 403(b). In addition, all candidates must comply with the financial interest filing requirement of Section 4(b), 65 P.S. §404(b) of the Act. Conclusion: The Ethics Act places no per se prohibition on the activity proposed. You must, however, comply with the provision of the Ethics Act as outlined above. 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. JJC /rdp Sincerely, ohn J. .ntino Genera Counsel