HomeMy WebLinkAbout80-527 WalshTO:
Gloria B. Walsh
28 Chelton Lane
Center Valley, PA
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
February 21, 1980
ADVICE OF CHIEF COUNSEL
RE: Developer Serving as Supervisor
FACTS:
80 -527
On January 25, 1980, Gloria B. Walsh, Supervisor of
Upper Saucon Township wrote this Commission advising that
a Mr. Charles Ruppert is a supervisor in her township. She
also advised that Mr. Ruppert is the Vice Chairman of the
Board of Supervisors and also Chief Liason of the Township
Board to the Planning Commission.
Mr. Ruppert's employer is involved with a law suit
with the township, Mr. Ruppert abstains from any matter
relating to this. Mr. Ruppert has publicly revealed his
association with his employer.
Mr. Ruppert does participate in other matters relating
to developments with which he has no business interest.
Ms. Walsh asked for an opinion as to whether these
activities constitute a conflict of interest under the
State Ethics Act.
DISCUSSION:
The issue is whether Mr. Walsh as a public official
has violated the public trust.
Section 1 of the State Ethics Act requires that public
officials "present neither a conflict nor the appearance of
a conflict with the public trust."
Although Mr. Ruppert is employed by a company which is
engaged in litigation with the township, he himself has not
participated in any matter as a public official with respect
to this litigation. We also presume that he has not taken an
active part representing McTish Associates in litigation
against the township.
Gloria B. Walsh
February 21, 1980
Page 2
CONCLUSION:
DRM
The basic question being asked is whether the voters
of Upper Saucon Township should be prohibited from electing
a developer to the township board of supervisors. The Commission
sees no per se conflict in a developer holding such offfice,
providing he takes those steps which have been set forth in the
facts so as to remove himself from involvement in any controversy
between his employer and the township.
It is not a conflict of interest for an employee of a
developer in litigation with the township to hold township
office, providing he abstains from any participation in matters
affecting his employer and providing he abstains from any
participation as an employee of an employer who is dealing with
the township.
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.
DAVID RITTENHOUSE MORRISON
Chief Counsel