HomeMy WebLinkAbout84-615 ClapperDavid R. Clapper, Chairman
Bedford Township Supervisors
P.O. Box 148
Bedford, PA 15522
STATE ETHICS COMMISSION
308 FINANCE BUILDING
P.O. BOX 11470
HARRISBURG, PA 17108 -1470
TELEPHONE (717) 783 -1610
ADVICE OF COUNSEL
September 27, 1984
RE: Private Vehicle Use, Bedford Township Business
Dear Mr. Clapper:
84 -615
This responds to your letter of August 20, 1984, in which you requested
advice from the State Ethics Commission.
Issue: You ask whether there is any prohibition under the State Ethics Act
against your receiving an amount established by the auditors for your use of
your private vehicle on Township business.
Facts: On May 1, 1984, you were appointed as a Bedford Township Supervisor to
fill a vacancy created by resignation of another Township supervisor. In due
course, you were elected Chairman of the Board of Supervisors and you were
appointed as a "working supervisor" as well as serving in the capacity as
Building Permit Officer for Bedford Township, hereinafter, the Township. We
will assume that this means you are appointed as a superintendent, roadmaster,
laborer or secretary- treasurer in accordance with the Township Code, 53 P.S.
65514. You indicate that your Township is a "busy" one having five full -time
and one part -time employee as well as having three "working" supervisors.
Your duties as "working" Supervisor, in addition to normal road work, are
to investigate complaints filed with the supervisors, such as those regarding
road hazards, sewage problems, nuisance complaints, etc. These duties are
undertaken in addition to your work regarding building permits and compliance
therewith.
In order to perform your duties, you have been using your own pick -up
truck or car at times. This is necessitated because during much of the time a
Township vehicle is not available for your use in performing these duties.
You indicate that with the approval of the Township auditors, you have been
charging 22 cents a mile, the same rate of reimbursement authorized for all
Township mileage charges with respect to that mileage which is attributable
David R. Clapper, Chairman
September 21, 19$4
Page 2
to, we assume, the performance of your functions and duties as a "working
supervisor." In the first two months, since you approintment and /or since
this reimbursement has been requested, the payment which you have received
amounts to $83.00 a month and you indicate that it would cost several times
this amount to obtain another vehicle for the same usage.
Basically, however, you seek a "favorable ruling" that under the Ethics
Act you may continue this "prudent practice" because it saves the taxpayers'
money.
Discussion: As a supervisor in the Township you are a "public official" as
that term is defined in the State Ethics Act. As such, your conduct must
conform to the requirements of the Ethics Act including Section 3(a) of the
Act which states as follows:
Section 3. Restricted activities.
(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).
It is clear that pursuant to the Second Class Township Code, 53 P.S.
65514, you may both be appointed as a superintendent, roadmaster, or laborer
within the Township as we assume is the case here and that under the Township
Code, 53 P.S. 65515, the Township Auditors have the authority to fix
reasonable compensation for the use of a passenger car or other truck "when
required and actually used for the transportation of road and bridge laborers"
etc. We will, for purposes of this response, assume that the Township
Auditors have determined, approved, and fixed the reimbursement for the use of
a car or truck for supervisors serving, such as yourself, in the capacity of
superintendent, roadmaster, or laborer when undertaking these duties listed in
53 P.S. 65515. Thus, the compensation for mileage which you are receiving as
reimbursement will be obtained, as allowed by law, based upon this assumption.
If, however, your reimbursement is for duties other than as described in 53
P.S. 65514, the response may be different. Under the facts stated and /or
assumed herein, however, your receipt of such reimbursement for mileage would
not violate Section 3(a) of the Ethics Act because this amount is
"compensation" and is "allowed by law."
Conclusion: Based upon the facts as we understand them and the assumptions
stated in this response, your receipt of reimbursement, as set forth above,
for usage of your personal truck or car while engaged in work specified in the
Township Code, 53 P.S. 65515, and properly approved by the auditors for a
supervisor acting and appointed under the Township Code, 53 P.S. 65514, is not
violative of the Ethics Act.
David R. Clapper, Chairman
September 27, 1984
Page 3
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.
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
This letter is a public record and will be made available as such.
Sincerely,
i
Sandra S. Chri ianson
General Couns