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HomeMy WebLinkAbout90-530 KrauseMr. Thomas G. Krause Commissioner, Ward 6 Township of North Huntingdon Town House 11279 Center Highway North Huntingdon, PA 15642 Dear Mr. Krause: STATE ETHICS COMMISSION 308 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108-1470 TELEPHONE (717) 783 -1610 ADVICE OF COUNSEL March 26, 1990 90 - 530 Re: Conflict, Public Official, Township Supervisor, Voting, Law Suit, Police Department. This responds to your letter of February 12, 1990 with an attachment in which you requested advice from the State Ethics Commission. Issue: Whether the Public Official and Employee Ethics Law imposes any prohibition or restrictions upon a first class township commissioner in participating or voting on matters involving the police department, police chief or a police officer or other items of township business when the commissioner has filed a law suit against the township, the police department and those individuals. Facts: You serve on the Board of Commissioners of the Township of North Huntingdon and currently have a law suit pending against the township, the North Huntingdon Township Police Department, the Police Chief William Brkovich and Police Officer William Henry. You enclose a copy of the law suit which reflects several counts that relate to the alleged dissemination of your juvenile record. Damages are sought against North Huntingdon Township, the North Huntingdon Township Police Department, Police Chief William Brkovich and Police Officer William Henry. You inquire as to whether a conflict or an appearance of conflict or the potential of a conflict would exist if you were to make or second a motion or vote on matters involving the police department, Chief Brkovich, Officer Henry or any item of township business. Discussion: As a Commissioner for North Huntingdon Township you are a public official as that term is defined under the Ethics Law and hence Mr. Thomas G. Krause Page 2 you are subject to the provisions of that law. 65 P.S.S402; 51 Pa. Code S1.1. Section 3(a) of the Ethics Law provides: Section 3. Restricted Activities. (a) No public official or public employee shall engage in conduct that constitutes a conflict of interest. The following terms are defined under the Ethics Law: Section 2. 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. "Conflict" or "conflict of interest" 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 or 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. In addition, Section 3(b) and 3(c) of the Ethics Law provide in part that no person shall offer to a public official /employee anything of monetary value and no public official /employee shall solicit or accept any thing of monetary value based upon the understanding that the vote, official action, or judgement of the public official /employee would be influenced thereby. Reference is made to these provisions of the law not to imply that there has or will be any transgression thereof but merely to provide a complete response to the question presented. Under Section 3(a) of the Ethics Law quoted above, you would be restricted from using confidential information or the authority of the office, which encompasses participation, making motions, seconding motions or voting in your capacity as township commissioner, to obtain t Mr. Thomas G. Krause Page 3 a private pecuniary benefit for yourself, a business with which you are associated or a member of your immediate family. In the instant matter, the police department, Chief Brkovich or Officer Henry do not fall within any of the three enumerated categories above and consequently you would not be prohibited from participating or voting on matters relating to the police department or those two individuals. As to your inquiry of an item of township business, the question you pose is so generalized that an appropriate response may not be formulated. You would not be precluded from participating or voting on matters of general township business; however, you obviously could not participate or vote on matters involving the law suit which you have filed against the township because in that instance your participation or vote might have an impact on the lawsuit which derivately could have an impact upon whether you receive an award relative to that law suit. Therefore, as a general response to your inquiry, you may participate or vote on matters of general township business; however, you would be so precluded if a matter related to a private pecuniary benefit to yourself, a member of your immediate family or business with which you are associated. Lastly, the propriety of the proposed conduct has only been addressed under the Ethics Law; 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 Law. Conclusion: As a Commissioner for North Huntingdon Township you are a public official subject to the provisions of the Ethics Law. Section 3(a) of the Ethics Law would not prohibit you from voting or participating in matters relative to the police department, the police chief or a policeman who are the subject of a lawsuit filed by you since those individuals or entities are not within the three enumerated categories of the definition of a conflict of interest. You would be restricted on voting on matters of township business that related to the lawsuit as well as any other matter before the township which could result in a private pecuniary benefit to yourself, a member of your immediate family or business with which you are associated. Lastly, the propriety cf the proposed conduct has only been addressed under the Ethics Law. Pursuant to Section 7(9)(ii), this Advice is a complete defense in any enforcemen proceeding initiated by the Commission, and evidence of good faith con ct in any other civil or criminal proceeding, providing the requestor ha disclosed truthfully all the material facts and committed the is complained of in reliance on the Advice given. This lett r is a public record and will be made available as such. k 4 Mr. Thomas G. Krause Page 4 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 in writing and must be received at the Commission within 15 days of the date of this Advice pursuant to 51 Pa. Code 52.12. erely, v Vincent . Dopko, Chief Counsel