HomeMy WebLinkAbout84-513 DawsonGretchen S. Dawson
RD #1
Dalton, PA 18414
RE: Township Supervisor, Surveyor
Dear Ms. Dawson:
MM6ng Address
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
January 27, 1984
ADVICE OF COUNSEL
84 -513
This responds to your letter of January 5, 1984, in which you requested
advice from the State Ethics Commission.
Issue: You ask whether you may be employed as a Surveyor by an engineering
firm who has done work for the Township where you are currently serving as a
Supervisor.
Facts: You indicate that you are a second -term Supervisor in North Abbington
Township, hereinafter the Township. In May of 1982 you received an Associate
Degree in Surveying Technology from Pennsylvania State University. You
indicate that before you can take the examination to become a registered land
surveyor in the Commonwealth of Pennsylvania you are required to work under
the supervision of a registered land surveyor or engineer for a four year
period. Within the last two to three years when the Township has needed the
services of an engineer you have called upon Frederick C. Spott and Associates
of Scranton, Pennsylvania, hereinafter Spott, to perform such services for the
Township as may have been required. In conjunction with the requirement that
you work for a registered land surveyor and as a result of your training, you
have recently received an offer from Spott to work on their surveying crew.
Assuming that you will undertake this work, you indicate that you will
not participate in any work which Spott might perform for the Township. You
expect that because the Township is extremely small (population 625), there
are no major projects anticipated which would require engineering services,
but that if it would be necessary for the Township to employ the services of
Spott in the near future, the Township would request bids before awarding a
contract for this work. You indicate that your only interest in working for
Spott is to gain experience as a surveyor and to, at some point, hopefully, he
qualified to take the examination to become a registered land surveyor.
Discussion: As an elected Supervisor in the Township, you are a "public
official" as that term is defined in the State Ethics Act. See Section 2 of
the Ethics Act, 65 P.S. 402. As such, your conduct must conform to the
requirements of the State Ethics Act.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Gretchen S. Dawson
January 27, 1984
Page 2
Under the circumstances that you outline above, the main consideration we
would have would be that your conduct conform to the requirements of Section
3(a) of the Ethics Act which states as follows:
(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 b law for himself, a
member of his immediate family, or a business with which
he is associated. 65 P.S. 403(a).
If you were to become employed by Spott, Spott would be considered a
"business with which you are associated" as that term is defined in the State
Ethics Act as follows:
"Business with which he is associated." Any business in
which the person or a member of the person's immediate
family is a director, officer, owner, employee or holder
of stock. 65 P.S. 402.
As an employee of Spott and because they would be a "business with which
you are associated ", you would be required to abstain as a public official,
should any matters regarding Spott -- including the award of a contract or
consideration of their bid to acquire sage -- come before the Township. This
would include abstaining from discussions, recommendations, deliberations, as
well as official votes regarding matters in which Spott might be interested.
However, the Ethics Act would generally impose no requirements or prohibitions
upon your proposed employment by Spott other than the abstention requirement
which might arise as outlined above should Spott and the Township seek to
contract or should Spott present proposals to the Township to secure such a
contract.
In making this statement, we assume, of course, that there is an
adherence to the requirements of Section 3(b) of the Ethics Act which states
as follows:
(b) No person shall offer or give to a public official or
public employee or candidate for public office or a member
of his immediate family or a business with which he is
associated, and no public official or public employee or
candidate for public office shall solicit or accept,
anything of value, including a gift, loan, political
Gretchen S. Dawson
January 27, 1984
Page 3
contribution, reward, or promise of future employment
based on any understanding that the vote, official action,
or judgment of the public official or public employee or
candidate for public office would be influenced thereby.
65 P.S. 403(b).
Under Section 3(b) you may not accept any thing of value, including the
promise of or continuation of employment with Spott on the understanding that
any official conduct would be influenced thereby. We include reference to
this provision of the Ethics Act not to imply that there is any prohibition or
restriction against your acceptance of employment with Spott but merely to
provide a comprehensive analysis of the provisions of the Ethics Act which
might be applicable.
Conclusion: The Ethics Act does not prohibit or restrict your acceptance of
employment as a surveyor with Spott even during your term as a Supervisor in
the Township. Your conduct as a Supervisor, however, if you accept such
employment with Spott, should be governed by the considerations expressed in
this Advice.
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. ristianson
General Counsel