HomeMy WebLinkAbout80-561 PughTO:
DISCUSSION:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
March 4, 1980
ADVICE OF CHIEF COUNSEL
Donald H. Pugh, Esquire
Harvey, Pugh, Sinclair & Gold
Court House Square North
105 West Third Street
Media, PA 19064
Advice 1 561
RE: Backup Code Enforcement Officer Serving as Member of
a Planning Commission
FACTS:
On January 31, Donald H. Pugh, Solicitor for Edgmont
Township, wrote this Commission asking for an opinion concerning
the propriety of a member of the Planning Commission acting as
Backup Code Enforcement Officer.
By telephone conversation of February 22, 1980, Mr. Pugh
advised that the Backup Code Enforcement Officer would never
receive an income of $500, and in fact, if the Code Enforcement
Officer is always able to perform his responsibilities, the
Backup Code Enforcement Officer may never be needed. The
appointment of the Planning Commission member as a Backup
Code Enforcement Officer was a matter of convenience in case
the regular Code Enforcement Officer is absent.
Members of the Planning Commission will be voting on
subdivision plans which would provide for more or less homes.
The Planning Commission is composed of five members, and
is an advisory board to the Board of Supervisors which makes the
final decision.
The issue is whether a member of the Planning Commission
may be named as Backup Code Enforcement Officer so that someone
will be ready and available in the event that the regular Code
Enforcement Officer is absent.
Donald H. Pugh, Esquire
March 4, 1980
Page 2
CONCLUSION:
DRM /rdp -3
It is noted that the most a Backup Code Enforcement Officer
could receive is $500, and it is probable that he would receive
far less and perhaps nothing the next year. Therefore, his
interest economically in voting on Planning Commission matters
is at best theoretical.
Where the regular Code Enforcement Officer is a member of
the Planning Commission and his income is more than $500, a
different result would obtain.
A member of the Planning Commission may be named as a
Backup Code Enforcement Officer, and such potential for service
does not constitute a conflict of interest even though that
person's vote on the Planning Commission could affect a number
of homes being built in the Township, which could indirectly
affect his potential for income as a Backup Code Enforcement
Officer. In the event that the Backup Code Enforcement Officer
receives income in excess of $500 a year, he shall abstain from
participating in any matters relating to the approval or dis-
approval of a subdivision plan.
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.
VID RITTENHOUSE MORRISON
Chief Counsel