Loading...
HomeMy WebLinkAbout88-534 PapaAlfred V. Papa, Esquire 439 Court Street New Castle, PA 16101 STATE ETHICS COMMISSION 308 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 March 24, 1988 ADVICE OF COUNSEL 88 -534 Re: Conflict of Interest, Municipal Authority Member, Mayor, Leave of Absence Dear Mr. Papa: This responds to your letter February 10, 1988 in which you requested advise from the State Ethics Commission. Issue: You ask whether the State Ethics Act presents any restriction or prohibition upon a member of a Sanitation Authority from requesting a leave of absence upon his election to the position of Mayor. Facts: In your letter you state that you are the solicitor for New Castle Sanitation Authority wherein one employee of that authority has requested a Leave of Absence upon his election as Mayor. After stating that the Leave of Absence is for the term of his office which will be for four (4) years, you request advise from the State Ethics Commission as to whether the leave would be prohibited under the State Ethics Act. Discussion: As a member for the New Castle Sanitation Authority, Richard Christopher is a public employee subject to the provisions of the Ethics Act. 65 P.S. 402; 51 P.S. 1.1. Section 3(a) basically provides that a public official or employee may not use his public office or confidential information to obtain a financial gain other than compensation as provided for by law for himself or a member of his immediate family or a business with which he is associated. Under this provision, the Ethics Commission has determined that the use of office by a public official to obtain a gain or benefit for himself or a member of his immediate family which is not provided Alfred V. Papa, Esquire Page 2 for in law constitutes a "financial gain other than compensation provided for by law." These determinations have been appealed to the Commonwealth Court of Pennsylvania which has affirmed the Orders of the Commission. See McCutcheon v. State Ethics Commission, 77 Pa. Commw.529, 499A.2d 735 (1985). See also Yocabet v. State Ethics Commission, Pa. Comm. Ct. ,531A.2d 536 (1987) Thus, under this provision, a public official may not use his public position to secure benefits for himself or a member of his immediate family which are not provided for by law, Domalakes, Opinion 85 -010; likewise, the receipt of private financial gain or benefit through use of office is not permitted under this section, Huff, Opinion 84 -015. Section 3(b) of the Ethics Act must be referenced in order to provide a complete response to your inquiry. Under Section 3(b) of the Ethics Act cited above, which a public official or employee must observe, a public official or employee must neither offer nor accept anything of value on the understanding or with the intention that his judgment would be influenced thereby. It is assumed such a situation does not exist here. This Section is referenced not to indicate that any such activity has been or will be undertaken but in an effort to provide a complete response to your inquiry. Under the above provisions of law, it appears that there would be prohibition upon Mr. Christopher from requesting a four (4) year leave of absence as an employee of the Sanitation Authority during the term of his office as Mayor. It is expressly assumed for purposes of this advise that the requested leave of absence would not result in any financial gain to Mr. Christopher. Therefore, provided Mr. Christopher would not receive any financial gain (other then the compensation provided for the Mayor by the Borough Code) from the requested leave of absence he may consistent with the Ethics Act request the four (4) year leave of absence during his term of Mayor. Lastly, the propriety of the proposed conduct has only been addressed under the Ethics Act; the applicability of any other statute, code, ordinance, regulation or other code of conduct other than the Ethics Act has not been considered in that they do not involve an interpretation of the Ethics Act. Conclusion: As an employee of the New Castle Sanitation Authority, Mr. Christopher is public employee subject to the provisions of the Ethics Act. Under Section 3(a) of the Ethics Act, Mr. Christopher may request a year (4) leave of absence from the Authority during his term as Mayor provided the action of requesting the leave would not result in any financial gain to Alfred V. Papa, Esquire Page 3 VJD /nb Mr. Christopher. Lastly, the propriety of the proposed conduct has only been addressed under the Ethics Act. S ' cerly, t � � Vincent J. Dopko, General Counsel,