HomeMy WebLinkAbout80-710 SmithLenora M. Smith, Chief Counsel
Auditor General Department
224 Finance Building
Dear Ms. Smith:
PJS /nia
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
August 12, 1980
ADVICE OF THE COMMISSION
Pursuant to Section 7(9)(11), 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 commited the acts complained of in reliance on the
Advice given.
On July 21, 1980, you asked whether a conflict
of interest exist where a spouse of an auditor of the
Department of the Auditor General is hired as a tax
r collector for a township and school district.
, CLv
PAUL J. :ITH
Chairman
80 -710
The Auditor in the Department is a public employee
as that term is used in Act 170.
Section 3(a) of the Act states that "No public
official or public employee shall use his public office or
any confidential information received through his holding
public office to obtain financial gain other than compen-
sation provided by law for himself, a member of his imme-
diate family, or a business with which he is associated."
There is no conflict of interest in this situa-
tion as long as neither party use their office or confi-
dential information for personal financial gain and the
Auditor in the Department does not recommend or take offi-
cial action in any matter relating to the tax collection
activities of his spouse.
You may appeal this Advice to the full Commission.
This letter is a public record and will be made
available as such.