Loading...
HomeMy WebLinkAbout80-716 FritzDear Mr. Fritz: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 October 14, 1980 ADVICE OF COUNSEL Jasper M. Fritz, Mayor 80 -716 Osceola Mills, PA 16666 RE: Councilmen, Dual employment, Serving while collecting a pension. Issue: You request clarification on the following questions; A. Is there a conflict when one person serves as a borough councilman and a county deputy sheriff? You note that the borough is part of the area under the jurisdiction of the deputy sheriff. B. Does a councilperson have a conflict if he or she is drawing a pension from the borough in which he or she serves? Facts: One of the councilmen is also a deputy sheriff for the county and the borough in which he serves is under his juris- diction as a deputy sheriff. A second councilperson is drawing a pension from the borough in which he serves. This council - person would be able to vote on pension changes for borough annuitants. Applicable Law: Section 2 of the Act defines a "public official" as "Any elected or appointed official in the Executive, Legis- lative or Judicial Branch of the State or any politicial subdi- vision." Section 3 of the Act defines restricted activities and includes Section 3(a) which states "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 compensation provided by law for himself, a member of his immediate family, or a business with which he is associated." Discussion: Both councilpersons are public officials as that term is used in Act 170. Section 3 does not prohibit dual employment or the holding of two positions by one person. It also does not prohibit a councilperson from drawing a pension from the borough on which he or she serves. Section 3(a) Jasper M. Fritz, Mayor September 25, 1980 Page 2 does prohibit officials from using their public office or information of that office from obtaining financial gain other than law compensation. V. Conclusion: A councilperson who is receiving a pension from the Borough in which he serves must abstain from voting on pension changes which would affect him while he or she holds office. There is no conflict of interest simply because a borough councilperson draws a pension from the borough in which he or she serves. There is no inherent conflict of interest under Act 170 when a Borough Councilmember also serves as a deputy sheriff in a county. Pursuant to Section 7(9)(ii), this Advice is a complete defense in any enforcement proceeding initiated by the Commis- sion, 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 available 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 will may be scheduled and a formal Opinion from the Commission be issued. You should make such a request or indicate your disapproval of this Advice within the next 30 days. SSC /rdp Sa dra S. Christianson General Couhsel