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HomeMy WebLinkAbout80-626 McWilliamsTO: FACTS: DISCUSSION: CONCLUSION: Mailing Address: STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 April 8, 1980 ADVICE OF CHIEF COUNSEL Clark L. McWilliams, President 18 N. Pine Street Jacobus, PA 17407 Advice #80 -626 On March 17, 1980 Clark L. McWilliams, of Jacobus, Pa. advised the Commission that the individual who has been mowing the grass and performing other chores for the borough Recreation Board has recently been elected to Borough Council. He has been receiving $500 per summer for this part -time work. The question is whether this individual may T.ontinue doing this part -time work as a member of Borough Council. The Commission has already decided in Dewayne, 80 -18 that the State Ethics Act does not bar a borough from hiring one of its members to perform borough services. Likewise, the same reasoning would apply with respect to a member of borough council mowing the lawn for the borough Recreation Board. This advice only pertains to a construction of the State Ethics Act and no other Statute. A member of Borough Council may continue a part -time job for the borough recreation board in mowing and other chores. He or she may not take part in any discussion involving his or her retention or compensation. State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Clark L. McWilliams, President April 8, 1980 Page 2 DRM /rdp -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. DAVID RITTENHOUSE MORRISON Chief Counsel