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HomeMy WebLinkAbout84-504 AnthouMr. George E. Anthou, Esquire Attorney At Law 132 Greenside Avenue Canonsburg, PA 15317 Dear Mr. Anthou: Mailing Address. STATE ETHICS COMMISSION P.O. BOX 1179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 January 10, 1984 ADVICE OF COUNSEL RE: Mutiple Solicitorship, Municipal Authority, Township 84 -504 This responds to your letter of December 19, 1983, in which you requested advice from the State Ethics. Commission. Issue: You ask whether there is a conflict of interest in serving as Solicitor to a municipal authority, hereinafter the Authority, and a solicitor to the municipality which formed the Authority. Facts: You indicated that you are currently interested in or serving as a solicitor to a the Authority and as solicitor to the municipality which was the entity which incorporated the Authority. You indicate that the Authority in question has entered into a management agreement with the Township which formed the Authority whereby, except for the Township setting the rates to be charged, the Authority has complete control over all other aspects of managing the Authority business. For purposes of this response, we will assume that you served as a part -time Solicitor to the Authority and to the municipality (Township) and are not a permanent or full -time employee of either of these entitites. Discussion: The State Ethics Act covers and governs the conduct of persons within the category of "public employee" or "public official" and in some instances candidates of public office and persons who might be otherwise subject to the provisions of Section 3(b) of the Ethics Act for example. However, based upon the assumption that you serve as a part -time municipal solicitor and or solicitor to the municipal Authority as stated above, we conclude that you cannot be considered to be either a "public employee" or a "public official" as those terms are defined in the State Ethics Act. See Ballou v. State Ethics Commission, 56 Pa. Cmwlth. 240, 424 A.2d 983 (1981), affirmed 436 A.2d 186, Pa. (1981) without opinion and Snelbaker v. State Ethics Commission Pa. 529, 453 A.2d 709 (1982), affirmed without opinion Pa. A.2d , Opinion filed December 16, 1983 at No. 7 M.D. Appeal Docket 1983. State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Mr. George E. Anthou, Esquire January 10, 1984 Page 2 Thus, in your capacity as part -time solicitor, we cannot consider your conduct to be subject to the provisions of the Ethics Act and, therefore, may not provide you with any ruling with regard to the questions you raised. Conclusion: As a part -time municipal solicitor you are not to be considered a "public employee" or a "public official" as that term is set forth in the Ethics Act and therefore, we can make no comment or conclusion regarding the question you raise. 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. SSC /rdp Sincerely, Sandra S. Chi' :stianson General Counsel