HomeMy WebLinkAbout79-520 ZimmermanJoseph Zimmerman
Box 346, R.D. 01
Newtown, PA 18940
. September 6, 1979
ADVICE OF CHIEF COUNSEL
RE: DUTIES OF A TOWNSHIP AUD =TOR
FACTS:
ISSUE:
DISCUSSION:
Advice Number 79 -520
Joseph Zimurornan is an elected auditor of the township
of Upper Makefield.
Tis wife is a teacher of the Pennsbury School District
and is a i ember of the Upper Makefield Township Park and
Recreation Eoa d. Mrs. Zimmerman was appointed to the
uncompensated position on the Board by the Supervisors of
Upper Makef ield Township.
To what extent is a township auditor restricted by Act
170 if his wife is a teacher in the local school district, and
is an uncompensated appointee to the local township park hoard?
The State Ethics Act defines the term "public official"
as not including "any appointed official who receives no
compensation other than reimbursement for actual expenses."
Section 3(h)(1) requires "any individual who holds an
appointive office in any political subdivision shall not have
an interest in any contract or construction which that polictical
subdivision shall enter into or have an interest." Section 1 of
the State Ethics Act requires liberal construction of the Act
to promote complete disclosure.
It is the opinion of the Commission that the term "any
individual" as set forth in Section 3 (h) (1) applies the term
"compensated individual," such that Pars. Zimmerman is not an
individual under the term of Section 3(h) of the Act.
As a "public official" under Act 170, Mr. Zimmerman is
prohibited by Section 3(a) of the Act from using his public
office to "obtain financial gain" for a member of his immediate
family. It is the Commission's opinion however that Act 170
does not prohibit simultaneous employment of Mr. Zimmerman as
a township auditor and his wife as a teacher, or the appointment
to the uncompensated position of park board member.
As a public official, Mr. Zimmerman is required to file
a statement of financial interest pursuant to Section 4 of the
Act.
A personal appearance before the Commission and a formal
opinion will be issued upon your request, if you feel this
reply does not suffice.
Pursuant to Section 7(9) (ii) , this advice is a complete
defonoe in any enforcement proceeding intiated by the Caonicsion,
and evidence of good faith conduct in any other civil or criminal
proceeding providing all the material facts have been truthfully
disclosed and the acts complained of are in reliance on this
advise.
CONCLUSION:
There is no conflict of interest in a spouse of a part;
board member and school teacher from holding the elected office
of township auditor.
David Rittenhouse Morrison
Chief Counsel