HomeMy WebLinkAbout84-510 YostMr. John Yost
1046 Kossuth Street
Freemansburg, PA 18017
Mailing Address:
STATE ETHICS COMMISSION
P.O. BOX 1179
HARRISBURG, PA 17108
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ADVICE OF COUNSEL
RE: Municipal Authority, Simultaneous Service as Councilman
Dear Mr. Yost:
84 -510
This responds to your letter of December 22, 1983, in which you requested
advice from the State Ethics Commission.
Issue: You ask whether there is an inherent inconsistency in your
simultaneously serving as a member of the Municipal Authority and as a
Councilman.
Facts: You indicate that you reside in the Borough of Freemansburg,
hereinafter the Borough, and presently serve on the Board of the Freemansburg
Municipal Authority, hereinafter the Authority. In this capacity, you also
hold the position of Secretary to the Authority Board.
In addition, in November you were elected as a Councilman in the Borough.
You indicate that you would like to retain your position on the Authority
Board while serving as a Councilman within the Borough and have asked us for
our advice regarding any inconsistency with this intended activity under the
State Ethics Act.
Discussion: As an elected Councilman in the Borough you are a "public
official" as that term is defined in the Ethics Act. See Section 2 of the
Ethics Act, 65 P.S. 402. As a public official your conduct must conform to
the requirements of the State Ethics Act.
The State Ethics Act, however, does not contain any provision nor has the
Commission rendered any ruling which would declare that it is inherently
incompatible for you to serve simultaneously as a member of the Authority and
as a Councilman in the Borough. We emphasize in making this statement that
the jurisdiction of the Ethics Commission is strictly limited to
interpretations of the Ethics Act. Therefore, this statement and this Advice
should not be construed as "clearance" to act or to address this same question
under any statute other than the Ethics Act.
You should also be alert to the fact that the Ethics Act does require
that you, as an elected Councilman in the Borough, must observe the
requirements of Section 3(a) of the Ethics Act as follows:
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Mr. John Yost
January 18, 1984
Page 2
(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).
This provision of the Ethics Act would require that you not use your
public office as a Councilman to secure any additional gain or appointment to
another office or post such as on the Municipal Authority. Consequently,
should you as a Councilman in the Borough be asked to make any decisions
regarding appointment or reappointment of yourself to the Municipal Authority
your a required to abstain from such action, including discussions and votes
thereon. Should there be any other further specific questions or instances in
which you as a Councilman should be asked to pass upon questions relating
to the Authority or your status on the Authority, you may wish to present
particular questions to us for resolution. However, as stated above, there is
no reason to rule that the Ethics Act declares it inherently incompatible for
you to serve, per se, as a member of the Authority and as a Councilman.
Conclusion: The Ethics Act does not declare that your simultaneous service as
a member of the Authority and as a Councilman are prohibited. As an elected
Councilman you must observe the requirements of Section 3(a) of the Ethics Act
as outlined generally 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 he 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
Sinyerely,
Safndra S. CFr�i stianson
General Counsel