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