HomeMy WebLinkAbout80-714 TomkielMr. Keith Tomkiel
1005 Betzwood Drive
Norristown, PA 19403
RE: Conflict of Interest
Dear Mr. Tomkiel:
Issue:
Facts:
Discussion:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
September 16, 1980
ADVICE OF COUNSEL
On July 18, 1980 you asked the Commission for an
opinion and referred to Advice No. 80 -647.
80 -714
You stated that you were a police officer in Lower
Providence Township and asked whether there would be a
conflict if you accepted a job operating a tow truck during
your off duty hours.
You noted there would be no referral made while on
duty as a police officer.
As a police officer, you are not generally considered a
public official or public employee under Act 170. If you
are responsible for taking or recommending official action
regarding contracting or procurement, administering or
monitoring grants or subsidies, planning or zoning, inspec-
ting, regulating, licensing or auditing any person, or any
other activity where the official action has an economic
impact of greater than a de minimus nature on the interest
of any person, you would be considered a public employee.
Mr. Keith Tomkiel
September 16, 1980
Page 2
In any event, the Ethics Act would not preclude you
from accepting employment operating a tow truck during off
duty hours as long as you do not use your position as police
officer or confidential information received in that
position for your personal financial gain. In order to
avoid the appearance of impropriety you must refrain from
referring vehicles requiring towing to your prospective
employer, for example or from encouraging other officers
from doing so.
Of course, this advice relates only to your obligations
and duties under the Ethics Act. It does not and cannot
speak to any obligations and /or restrictions placed upon you
by your employer.
Conclusion:
You are not prohibited by the Ethics Act from accepting
a job as a tow -truck operator. Your conduct in relation to
this job should conform to this advice.
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.
This letter is a public record and will be made avail-
able as such.
Finally, if you disagree with this advice or if you
have any reason to challenge same, you may request that the
full Commission review this advice. A personal appearance
before the Commission may be scheduled and a formal opinion
from the Commission will be issued. You should make such a
request or indicate your disapproval of this advice within
the next 30 days.
SSC /rdp
Sandra S. h istianson
General Counsel