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HomeMy WebLinkAbout80-522 BartiromoFACTS: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 February 14, 1980 ADVICE OF CHIEF COUNSEL TO: Anthony P. Bartiromo, Solicitor 80 - 522 2600 Greentree Road Carnegie, PA 15106 RE: Duel Service and Conflicts of Interest Involving an Architect. On January 16, 1980 Anthony P. Bartiromo, Solicitor for the Township of Scott, Carnegie, PA, wrote this Commission asking as follows: 1. Can a Township employee (road department) serve on the Zoning Hearing Board? 2. Can an architect who serves without pay on the Township Planning Commission be given a commission by the Township to erect an addition to an existing Township building? a. In addition, can an architect appear before the Planning Commission and simply not vote on the issue? b. If the architect resigns from the Planning Commission, can he appear before it within a year of such resignation? Although this may not be legally relevant, I should set forth that this architect began to serve without pay before the Ethics Code was ever considered, and he has a lot of business in the Township; consequently, by his devoted personal service in the past, this law can work a great financial sacrifice against him. 3. Is a Township Manager covered by the code? 4. Are the Superintendent of Schools, the Assistant Superintendent and the Business Manager Covered? Anthony P. Bartiromo February 14, 1980 Page 2 DISCUSSION: The issues presented relate to possible conflicts of interests at the local level. A conflict of interest exists when an individual represents two or more persons who have an interest adverse to each other. A township employee in the road department is not a "public employee," under the State Ethics Act. He does not make policy decisions which could conflict with those responsibilites he would have on the zoning hearing board. Therefore, there is no conflict of interest in a township employee serving on the zoning hearing board. An architect who serves on the Township Planning Commission is not engaged in a conflict of interest if he is also employed by the township to erect an addition to an existing township building. The Township Planning Commission, being subordinate to the township, does not have any interest adverse to the township. If a conflict does exist between the two bodies, a different result will be required. An architect may not vote on the approval on his own work, but may submit his plans to the planning commission of which he is a member. If the architect resigns from the planning commission at any time, he personally may appear before it within a year of such resignation, but he may not represent other parties before the planning commission. A township manager is a public employee under the State Ethics Act and is required to file a Statement of Financial Interests every year with the township secretary. The Commission is presently drafting regulations relating to the extent to which employees of a school board are covered. Anthony P. Bartiromo February 14, 1980 Page 3 CONCLUSION: DRM /rdp -3 A township employee may serve on the zoning hearing board. An architect who is a member of the Township Planning Commission may be given permission by the township to erect an addition to an existing township building. That architect may appear before the planning commission and fulfill the obligations of his contract with the township and present his proposals. He may not vote on any proposals submitted by him. Section 3(e) of the State Ethics Act does not bar anyone from representing themselves before the governmental body with which they are associated; it bars representation of others before the governmental body with which they were associated. A township manager is a public employee and is subject to the State Ethics Act. The Commission is presently drafting regulations defining the scope of coverage of the State Ethics Act of employees of a school board. 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. &42!) DAVID RITTENHOUSE MORRISON Chief Counsel