HomeMy WebLinkAbout80-569 JarvisTO:
DISCUSSION:
CONCLUSION:
STATE ETHICS COMMISSION
HARRISBURG, PA.
ADVICE OF CHIEF COUNSEL
February 28, 1980
Alan J. Jarvis
Law Offices, Milton Apfelbaum
116 East Lincoln Highway
Coatesville, PA
RE: Township commissioner "participating in an action
involving a firm which employes his father -in -law.
FACTS:
On January 14, 1980, Mr. Alan J. Jarvis, Township
Commissioner for Caln Township, Chester County, asked
whether he would violate Act 170 if he participated in
the consideration of an application by the Coatesville
Hospital for a change of zoning. The hospital has en-
gaged his father -in- law's architectural firm to design
and supervise the construction of the new hospital.
Mr. Jarvis has no knowledge of the nature of the
business relationship between the hospital and the
architectural firm. He has no financial interest in
the hospital or the architectural firm.
The issue is whether it could be construed that
Mr. Jarvis would receive personal financial gain through
his official participation and violate Section 3, (a) of
Act 170. This section prohibits public officials or public
employees from using their office for or. information received
through that office to obtain financial gain other than legal
compensation.
Mr. Jarvis's father -in -law is not a member of his
"immediate family" as that phrase is used in Act 170.
Mr. Jarvis is not restricted by Act 170 from partici-
pating in the township commissioner's decsion on the appli-
cation of the Coatesville Hospital for a change of zoning.
He may wish to announce this relationship to avoid the
appearance of conflict.
Advice # 569
Mr. Alan J. Jarvis
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.
DAVIDIRITTE OUSE MORRISO
Chief Counsel