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HomeMy WebLinkAbout79-523 FultonNatalie Fulton, President New Hope Borough Council 11 West Mechanic Street New Hope, PA 18938 FACTS: ISSUE: DISCUSSION: STATE ETHICS COMMISSION HARRISBURG. PA. September 11, 1979 ADVICE OF CHIEF COUNSEL Advice Number 79 -523 RE: Public official also employed in ministerial capacity. Borough council service and school district employment. Natalie Fulton is an elected official of New Hope Borough Council. She is also a secretary to the principal of the New Hope - Solebury High School. Can a member of a borough council also serve as secretary to a high school principal? Elected officials are public officials as defined by the Act. A secretary to a high school principal at $4 per hour is serving in a ministerial capacity, and is not a public employee as defined by the Act. The New Hope - Solebury School Board and the New Hope Borough Council are two independent bodies whose geographical jurisdiction partially overlap. Unless the New Hope Borough Council would ever consider the salary of the secretary to the high school principal, there is no potential for any appearance of a conflict. 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 defense in any enforcement proceeding initiated by the Commission, 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 advice. NATALIE FULTON September 11, 1979 page 2 CONCLUSION: There is no conflict of interest of an elected official of a borough council also serving as a secretary to a high school principal. David Rittenhouse Morrison