HomeMy WebLinkAbout80-528 SchaffnerTO:
RE:
FACTS:
DISCUSSION:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
February 21, 1980
ADVICE OF CHIEF COUNSEL
80 -52
Herbert A. Schaffner
Reynolds, Bihl and Schaffner
109 Locust Street
Harrisburg, PA 17108
Insurance Agent as an Appointee to Municipal Authority.
Editor of a Newspaper Serving on a Borough Library Board.
On January 31, 1980, Herbert A Schaffner, Esquire wrote
this Commission asking for a written opinion as to whether there
is a conflict of interest with respect to two situations:
An insurance agent who has received commissions from the
borough has been asked to sit on the municipal authority of the
borough.
The Editor of the local newspaper has been asked to sit on
a library board, and the borough gives the newspaper revenue by
advertising legal notices.
By telephone, on February 20, 1980, it was learned that
neither individual receives any compensation for their service.
The issue is whether any of these individuals are covered
by the State Ethics Act, and if so to what extent.
Since neither receive any compensation for their contribution
to the public, and they are not elected to their positions, they
are neither public employees or public officials under the State
Ethics Act.
There is no conflict in an individual who is an insurance
agent and who sells insurance to the borough in accepting a
position to serve on the municipal authority of the borough. The
Commission would ask that the spirit of the Act be complied with
and that any sale of insurance to the authority by an authority
member be subject to the open and public process guidelines of
Section 3 (c) .
Herbert A. Schaffner
February 21, 1980
Page 2
CONCLUSION:
DRM /rdp -2
Service on a library board by an editor of a local newspaper
is so far removed from the decision by the borough council to
publish legal notices, which are usually required anyway, such
that even if he were subject to the Act as public employee there
would be no conflict of interest.
There is no conflict of interest in an insurance agent who
sells insurance to the borough excepting an appointment to the
municipal authority of the borough. There is no conflict of
interest in the editor of a local newspaper serving on the library
board because the borough which controls the library board also
publishes legal notices in the newspaper.
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 disclsoed 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.
AX1.4Z)
r AVID RITTENHOUSE MORRISON
Chief Counsel