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HomeMy WebLinkAbout80-578 PernaTO: DISCUSSION: Mrs. Henry Perna 425 Paton Avenue Farrell, PA 16121 STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 March 19, 1980 ADVICE OF CHIEF COUNSEL RE: School Board Member Serving on City Council City Employee Serving on School Board FACTS: Advice # 80 -578 On December 12, 1979 Mrs. Henry Perna wrote this office to ask if it is a violation of the State Ethics Act for two councilman to also be teachers. She also asked if a city employee could serve on a school board. The issue is whether there is a conflict of interest for a city employee to sit on the school board and for teachers to serve as city councilpersons. A conflict of interest exists when an individual represents two or more parties whose interests is adverse to each other. A school board and a city government are two independent governmental bodies. Likewise, the duties of a teacher and the duties of a councilperson are independent, and do not in themselves conflict with one another. If a dispute were to arise between a city and a school board, or between teachers and the city council, the affected public official would have to abstain from taking part in any discussion or vote on the matter. Such conflicts however would be quite rare. In the normal course of events teachers are not in conflict with city council, and city employees are not in conflict with school boards. Mrs. Henry Perna March 19, 1980 Page 2 CONCLUSION: DRM /rdp -2 There is no conflict of interests in a school board member working as a city employee, or a school teacher serving as a city councilperson. 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