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HomeMy WebLinkAbout90-534 StanichakMr. Joseph M. Stanichak Attorney at Law 700 Franklin Avenue Aliquippa, PA 15001 Dear Mr. Stanichak: STATE ETHICS COMMISSION 308 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 ADVICE OF COUNSEL April 12, 1990 90 - 534 Re: Conflict, Municipal Authority Member, Compensations Former Borough Councilmember. This response to your letter of February 28, 1990 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 former borough councilmember from receiving compensation as a member of the municipal authority of that borough. Facts: Mr. Iorfido is currently serving a five year term as a member of the Borough of Ambridge Water Authority, hereinafter Authority. While Mr. Iorfido served as a member of council, he abstained from voting for himself as to his five year appointment with the Authority. Because Mr. Iorfido was a member of Council, he did not receive any remuneration from the Authority. Since Mr. Iorfido is no longer a member of the Council, he is desirous of serving the balance of his term on the Authority and seeks an opinion as to whether he is entitled to remuneration for his service in that capacity. Discussion: As a member of the Borough of Ambridge Water Authority, Mr. Iorfido is a public official as that term is defined under the Public Official and Employee Ethics Law and hence he is subject to the provisions of that law. 65 P.S. 114021; 51 Pa. Code 111.1. 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: 45ection 2. Definitions. Mr. Joseph M. Stanichak Page 2 "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. 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. In applying the provisions of Section 3(a) of the Ethics Law quoted above to the instant matter, the Ethics Law would not prohibit Mr. Iorfido from receiving compensation as a member of the Authority from the point in time where he longer served on Council. In this regard, you have stated that Mr. Iorfido did not vote for his own appointment to the Authority. In addition, you note that Mr. Iorfido while he was a member of Council did not accept compensation while serving on the Authority. It is assumed for purposes of this advice that the governing body of the Authority has set the salary for its members and that Mr. Iorfido would be receiving remuneration within the salary limitations set forth by the governing body. 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. Specifically not addressed in Mr. Joseph M. Stanichak Page 3 this advice is the applicability of the Borough Code or the Municipalities Authorities Act. Conclusion: As a member of the Borough of Ambridge Water Authority, Mr. Iorfido is a public official subject to the provisions of the Ethics Law. As a former member of the Borough Ambridge Council, Mr. Iorfido would not be precluded from receiving remuneration from the Authority under the facts and circumstances as outlined above. Lastly, the propriety of 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 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. such. This letter is a public record and will be made available as 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 112.12. Si y erely, Vincent J. Dopko, Chief Counsel