HomeMy WebLinkAbout80-558 CooperTO:
FACTS:
CONCLUSION:
STATE ETHICS COMMISSION
HARRISBURG. PA.
ADVICE OF CHIEF COUNSEL
February 26, 1980
Charles L. Copper.
Box 30
Taylorsville Road
Washington Crossing, PA 18977
Advice # 558
RE: Official holding two jobs for the same township.
On February 8, 1979, Mr. Copper asked the Commission
whether there was a conflict in his serving as the Upper
Makefield Township, Bucks County Zoning Officer and Building
Inspector.
As zoning officer, he issues only permits and enforces
provisions of the township zoning ordinance; as township
building inspector, he issues permits and enforces township
building code.
DISCUSSION:
The issue is whether one person may hold two positions
in a township without having a conflict of interest.
As a zoning officer and building inspector, Mr. Copper
is a public employee as that term is defined in Section 2
of Act 170.
However, there is no inherent conflict in filling both
positions. A conflict could arise if Mr. Copper were paid
for the same period of time for both positions.
Mr. Copper is a public employee under Act 170 and must
file,a statement of financial interest for the preceding year __
by May 1st of each year he holds such offices and for one year
after he leaves those offices. There is no conflict in his
serving as a Zoning Officer and Building Inspector.
Mr. Charles L. Copper
Page 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.
ID RITT NH US r S RISON
Chief Counsel