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HomeMy WebLinkAbout85-546 KlineMs. Miriam M. Kline Hamburg Area School District Windsor Street Hamburg, PA 19526 -0401 STATE ETHICS COMMISSION 308 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 May 22, 1985 ADVICE OF COUNSEL Re: Simultaneous Service, School Board Secretary, Township Secretary- Treasurer Dear Ms. Kline: 85 -546 This responds to your letter of April 30, 1985 wherein you requested the advice of the State Ethics Commission. Issue: Whether a township secretary- treasurer may simultaneously serve as the secretary for a board of school directors. Facts: You have indicated that for the past fourteen years you have been serving as the appointed part -time Secretary- Treasurer of Perry Township. Your husband is a township supervisor for the township. You have also been employed as a full -time office secretary in the Hamburg Area School District. Recently the position of School Board Secretary has been offered to you. You ask whether there would be any prohibition or conflict of interest if you were to simultaneously serve in these positions. The duties of the School Board Secretary are set forth in the Public School Code. 24 P.S. §4 -433: Generally, these duties include record keeping and reporting functions on behalf of the board. Additionally, the secretary has general supervision of the business affairs of the school district subject to the direction of the directors. The secretary also is responsible for the proper accounting of taxes and the preparation of orders for the payment of bills as approved by the board. The duties of the township treasurer in a township of the second class are set forth in the Second Class Township Code as are the duties of the township secretary. As treasurer, you are responsible for receiving all monies due the township, as well as the deposit and accounting thereof. 53 P.S. §65532. The secretary serves as clerk to the Board of Supervisors and keeps the books, accounts and records for the board. 53 P.S. §65540. Ms. Miriam M. Kline May 22, 1985 Page 2 Discussion: Initially, it must be noted that the Ethics Commission may only address the issue presented herein under the State Ethics Act. 65 P.S. §401 et. seq. The Commission will not review this matter under the provisions of any other statute, code or rule or regulation. For the purpose of this advice we will assume that you are a public employee as that term is defined in the State Ethics Act and, therefore, subject to the requirements thereof. Generally, the State Ethics Act does not per se prohibit an individual from holding two governmental positions as long as such simultaneous service in not conflicting. The Ethics Act provides that: 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). Within the provisions set forth above, you may not use either position to obtain any financial gain for yourself or a member of your family. Likewise, you may not use any confidential information obtained in either your position with the township or the School Board for similar purposes. Thus, for example, you may not, in your position with the board take any action that may benefit you in your position of employment as an office secretary. In addition to the foregoing, the Commission may also address other areas of possible conflict. 65 P.S. §403(d). Such a conflict of interest will develop when an individual serves the interest of one or more persons or entities that are adverse. Alfano, 80 -007. Therefore, to avoid any such conflict, you should not participate in any matter as an officer of the school board or township that will affect either you as an employee, or your spouse as an official of the township. See Kline, 82 -518; Fields, 84 -594. In this respect, we also note that in the event that the board of school directors and the board of township supervisors must deal with each other in relation to any specific matter, you should refrain from participation in relation to such matter. In this way, you would avoid even the appearance of a conflict. Ms. Miriam M. Kline May 22, 1985 Page 3 Finally, we note that you indicate that your spouse is a township supervisor in the township where you serve as secretary- treasurer. We note for the purpose of completeness that as a township supervisor your spouse is a public official within the purview of the State Ethics Act. Sowers, 80 -050. He may not, therefore, participate in any matter relating to your appointment to the position of township secretary- treasurer or regarding the compensation to be paid for your services in such position. Such participation would violate the aforementioned provisions of Section 3(a) of the Act. Leete, 82 -005. Conclusion: The Ethics Act places no per se prohibition upon the activity proposed. Your conduct, however, must conform to the provisions of the Ethics Act as set forth 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 /sfb John J. 'no General Counsel