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HomeMy WebLinkAbout79-534 MoyerTO: William J. G. Moyer Great Oaks Road New Hope, PA 18938 RE: Spouse of School Board Director Employed as a Teacher FACTS: STATE ETHICS COMMISSION HARRISBURG, PA. September 27, 1979 ADVICE OF CHIEF COUNSEL Advice Number 79 -534 William J. G. Moyer is an elected director of the Board of School Directors of New Hope - Solebury School District. His wife is on the list of approved substitute school teachers for the Central Bucks School District. Mrs. Moyer never has been approved as a substitute teacher for the New Hope - Solebury School District, and will not attempt to become a substitute teacher for that district. ISSUE: May a wife of a school board director of one district teach school as a substitute in another school district? DISCUSSION: In Ferrari, 79 - 19, the Commission held that Act 170 does not prohibit the simultaneous employment of husband and wife by different school districts.' The Commission further held in Beck, 79 -18, that both spouses may be employed by the same school district as administrator and teacher. Since Mr. Moyer's wife works in a different school district than the one in which he serves on the board of school directors, there is no violation of Act 170. Pursuant to Sections 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 requester has disclosed truthfully all the material facts and committed the acts complained of in reliance on the advice given. William J. G. Moyer September 27, 1979 page 2 A personal appearance before the Commission and a formal opinion will be issued upon your request, if you feel this reply does not suffice. This Advice is a public record and will be made available as such. CONCLUSION: Act 170 does not prohibit one spouse from serving on the Board of School Directors while the other spouse serves as a teacher in another . oo • strict. David Rittenhouse Morrison Chief Counsel