HomeMy WebLinkAbout81-503 BarnesEdgar R. Barnes, Jr., Esquire
234 North Duke Street
Lancaster, PA 17602
RE: Township Auditor, Bank Employment
Dear Mr. Barnes:
1980.
January 13, 1981
ADVICE OF COUNSEL
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
Advice #81 -503
This responds to your communication of December 30,
Issue: You inquire about whether a township auditor who is
also an employee of the bank where the township which he
serves keeps its funds has any concern about a conflict of
interest under Act 170 of 1978.
Facts: You serve as township solicitor for the township in
question and in that capacity indicate that the auditor for
a certain township is also an employee of a bank. The
township he serves maintains its accounts in that bank.
Discussion: There is no conflict, per se, in the situation
that you describe. One caution is pertinent, however. This
is that Section 3(a) indicates that - no public official such
as the township auditor, may use his public office or confi-
dential information received through his public office to
obtain financial gain other than the compensation provided
for him by law. In the situation you present, the township
auditor should be alert to this provision and recognize that
he may not use information, which he may have acquired
through his public office, for his own benefit. In addition,
in order to avoid the appearance of any conflict of interest,
he should not use such information for the financial gain of
his employer, the bank.
In addition, as township auditor, if he has any role in
recommending where funds are placed by the township or the
types of investments that would be made by the township
which might inure to the benefit of his employer, the bank,
he should decline to render such advice or to refer any such
recommendation to another individual.
Edgar R. Barn Jr., Esquire
January 13, 19
Page 2
Conclusion: Act 170 does not preclude a bank employee from
also serving as a township auditor even where the township
funds may be placed in the bank which employs the auditor.
The auditor's conduct, as a public official, should conform
to the cautions set forth in 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 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 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
C
Sincerely,
S - S. C stianson
General Co el