HomeMy WebLinkAbout80-677 McMillenDear Mr. McMillen:
PJS /nia
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
June 2, 1980
ADVICE OF COMMISSION
Keith R. McMillen
Duplaga, Tocci, Palmeri & McMillen
Attorneys At Law
23rd & Davidson Streets
Aliquippa, PA 15001
Advice #80 -677
Donald Gipson
P.O. Box 552
Aliquippa, PA 15001
On March 20, 1980, you asked whether a conflict of interest
would exist by having an elected member of the town council of
the Borough of Aliquippa serve as the solicitor for the Aliquippa
Municipal Water Authority. You noted the authority board appoints
his own solicitor.
Act 170 does not prohibit an elected official from holding
a full -time position with another governmental body. There is
no inherent conflict of interest in this situation. However,
- should an issue involving the Municipal Water Auifhorilry -cofte
before the borough council, the councilperson must abstain from
participating in the discussion or the decision on that matter.
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.
You may appeal this advice to the full Commission.
This letter is a public record and will be made available
as such.