HomeMy WebLinkAbout80-639 DickeyDavid S. Dickey
11 N. Carlisle Street
Greencastle, PP. 17225
Dear Mr. Dickey:
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STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
May 27, 1980
ADVICE OF THE COMMISSION
PAUL J. SN)ITH
Chairman -'
Advice #80 -639
On May 27, 1980 you asked whether the appointment of a
former school director to a tax collector position would create
a conflict of interest. You noted that the tax collector would
be responsible for collecting taxes due his former school
district. You also stated that he would not be in a position to
represent any tax collector's interest before the school district.
Any person filling a tax collector's position is a public
official as that term is used in Act 170. Since the tax collector
world not represent anyone before his former governmental body and
there are no adverse interests between his new and former positions,
there would be no conflict of interest under Act 170.
£ection 4.3(a) of the regulations adopted by the Commission
require persons appointed as officials to.file a Statement of
Financial Interest with the agency to which they are appointed by
May 1 of the year appointed or within 15 days if appointed after
May 1. The newly appointed tax collector must meet this filing
requirement.
Pursuant to Section 7(9)(ii), this advice iw 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.
You may appeal this advice to the full Commission.
This letter is a public recored and will be made available
as such.