HomeMy WebLinkAbout80-579 SheidyTO:
RE:
FACTS:
DISCUSSION:
Charles W. Sheidy
Triple G. Offices, RD #3
Denver, PA 17517
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
March 19, 1980
ADVICE OF CHIEF COUNSEL
Advice # 80 -579
Sewage Enforcement Officer Collecting Fees For Designing
a System he Enforces.
Attorney Switching Sides.
On February 26, 1980 Charles W. Sheidy, Solicitor for
Ephrata Township, wrote this office asking for an opinion with
respect to the Ephrata Township Sewage Enforcement Officer.
The officer feels that it would be easier if he designed
the sewage system for every individual applying for the permit,
and then charge that individual an additional fee for these
services.
Mr. Sheidy also asked whether an attorney for the zoning
hearing board may also represent people before the zoning
hearing board, and have another attorney substitute. A third
question related to representation before the industrial review
board when that attorney is also, on occasion, a hearing officer
for the Department of Justice in License suspensions and
medicaid assistance matters involving nursing homes.
The issue is whether a sewage enforcement officer can
charge a private fee on the one hand for advice, and then
issue a permit for the design of a sewer system he himself
designed consistant with the State Ethics Act.
Charles W. Sheidy
March 19, 1980
Page 2
A conflict of interest exists when an individual represents
two or more parties whose interests are adverse to each other.
The interest of a sewage enforecement officer is to maintain the
health and safety of the various sewer systems within the townships.
The interest of an individual designing sewer systems is to
maximize the interest of his customer. These interests are adverse
to one another, therefore, a conflict of interests exists.
Section 3(d) of the State Ethics Act permits the
Commission to address other areas of possible conflict.
The Commission recognizes that one of the responsibilities
of a sewer enforcement officer can be to explain how to comply
with the Code. There is nothing wrong with helping an applicant
comply with the Code. The permit application fee should be
sufficient to cover the time involved in doing this. This
does not mean that it can vary from applicant to applicant
depending on the time it takes to explain what is required to
comply with the Code.
CONCLUSION:
A Sewage enforcement officer may not establish a private
business of designing a sewage system for a fee., and then
issue a permit for such a design. The State Ethics Act does
not prohibit a sewage enforcement officer as part of his duties
advising an applicant how to comply with the Code, however,
Section 3(a) makes it a felony for a public official to use his
public office to obtain financial gain other than compensation
provided by law for himself.
The questions related to the practice of law are best
directed to the Guidance Committee of the Pennsylvania Bar
Association, in care of Victor Drexel, Esquire, Pepper Hamilton
& Sheetz, Fidelity Building, 20th Floor, Philadelphia, PA 19107.
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.
Charles W. Sheidy
March 19, 1980
Page 3
DRM /rdp -2
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