HomeMy WebLinkAbout84-518 PeoplesFlorence Peoples
Star Route #1
Hawley, PA 18428
Mailing Address.
STATE ETHICS COMMISSION
P.O. BOX 1179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
January 31, 1984
ADVICE OF COUNSEL
RE: Tax Collector, Wayne County Tax Claim Bureau
Dear Mr. Peoples:
84 -518
This responds to your letter of January 15, 1984, in which you requested
advice from the State Ethics Commission.
Issue: You ask whether you may simultaneously serve as a township tax
collector and as a book - keeper for the Wayne County Tax Claim Bureau,
Facts: You indicate that in November, 1983, you were elected to complete the
unexpired term for the office of Tax Collector within your Township,
hereinafter, the Township. You also are currently employed as the book - keeper
for the Wayne County Tax Claim Bureau, hereinafter the Bureau. You wish to
continue this employment on a part -time basis while undertaking your
responsibilities as an elected Township tax collector.
The position which you hold with the Bureau as book - keeper is not an
elected position and the Bureau, in general, has no jurisdiction over the
Township tax collector's office. Specifically, the Bureau does not audit the
tax collector's books; they simply receive returns of unpaid taxes from
properties within the Township and collect the delinquent amount of taxes owed
as reported by the Township tax collector. The Township tax collector, of
course, continues to collect the current year's taxes.
Discussion: As an elected Township tax collector, you are a "public official"
as that term is defined in the State Ethics Act. Accordingly, your conduct
must conform to the requirements of the State Ethics Act. However, the State
Ethics Act does not contain any prohibition against the specific simultaneous
service you wish to render -- as tax collector and as book - keeper for the Tax
Claim Bureau. The decisions of the Commission do not contain any indication
that it would be inherently incompatible for you to retain both posts.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Florence Peoples
January 31, 1984
Page 2
In fact, the Commission has determined that it would be incompatible
under the Ethics Act for a person to serve it two positions only if the
interests the individual would seek to serve were adverse to each other.
Alfano, 80 -007. The positions which you would hold of Township tax collector
- arid as part -time book-keeper for the Bureau do not appear to be adverse to
each other. Retention of these positions would not, in fact, require that you
undertake the representation of interests which would be adverse to each
other. Therefore, retention of these positions is not prohibited under the
Ethics Act.
Conclusion: The Ethics. Act does not contain any prohibition against your
simultaneously serving as the Township tax collector and a book - keeper for the
Wayne County Tax Claim Bureau.
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, ire
writing, to the Commission within 15 days of service of this Advice pursuant
to 51 Pa. Code 2.12.
SSC /rdp
Sincerely,
A
andra S. Christianson
General Counsel