HomeMy WebLinkAbout80-518 RestivoTO:
James J. Restivo
217 Hereford Lane
Johnstown, PA 15905
STATE ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA 17108
February 6, 1980
ADVICE OF CHIEF COUNSEL
RE: Spouse Auditing Husband's Books
FACTS:
80 - 518
On January 18, 1980 James J. Restivo, Auditor of Lower
Yoder Township, Cambria County, inquired as to whether a
spouse could take the position of auditor when her husband
was a supervisor.
DISCUSSION:
The issue is whether an auditor can fulfill his /her -
responisibility as an independent auditor and be required
to audit the books of a township where the auditor's spouse
is a supervisor.
The State Ethics Act defines "immediate family" to be
"a spouse residing in the person's household and minor
dependent children."
In places where this term is used it operates as an
attribution rule such that if a spouse or minor dependent
child performs an act, it is the same as the public
official or public employee performing that act.
It is inherent in the concept of an auditor that the
position is an independent one, and no person can be in the
position of auditing their own records.
While a spouse is only one supervisor, we hold that the
auditor may not be a spouse of any supervisor for such would
constitute an appearance of conflict with the public trust.
CONCLUSION:
The spouse of a supervisor may not be an auditor of the
township supervisor's books.
James J. Restivo
February 6, 1980
Page 2
DRM /rdp -2
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.
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 letter is a public record and will be made
available as such.
AVID RITTENHOUSE MORRISON
Chief Counsel