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HomeMy WebLinkAbout81-511 SantoliMr. A. D. Santoli 401 State Office Building 100 Lackawanna Avenue Scranton, PA 18503 STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 February 4, 1981 ADVICE OF COUNSEL RE: Assistant District Foresters, Dear Mr. Santoli: 81 -511 This responds to your letter of November 18, 1980 in which you, an Assistant Distirct Forester, requested an Opinion from the Ethics Commission. Issue: In your communication you request advice as to whether an Assistant District Forester can serve as the Chairman of the Scranton Shade Tree Commission. Facts: You are an Assistant District Forester and as such are involved in professional forest management. You were recently appointed to an unpaid position on the Scranton Shade Tree Commission by the Mayor of Scranton. Following this appointment your colleagues on the Shade Tree Commission will chose you as the Chairman of the Commission. The Commission will plan tree planting, tree pruning, and tree removal on public property. The Commission will also prepare a city ordinance regulating the planting, pruning, and removal of trees on public property. Discussion: The Ethics Act does not prohibit an assistant district forester from serving as an unpaid member of a city Shade Tree Commission. The Commission's duties do not pose any conflict with those of a state forester. You should be advised that a public employee cannot use his public employment or confidential information gained in that employment for personal financial gain. 65 P.S. §403(a). To avoid the appearance of a conflict of interest you should disqualify yourself if, as an Assistant Forester, you are called upon to approve or disapprove any plan that you prepared as a member of the Shade Tree Commission, See Sowers, 80 -050. Conclusion: The Ethics Act allows you as an Assistant District Forester to serve as an unpaid member of a city shade tree commission. However, you must not use public employment or Mr. A. D. Santoli February 4, 1981 Page 2 confidential information gained in public employment to obtain personal financial gain. 65 P.S. §403(a). If, as forester, you are ever called upon to approve a plan formulated by the Commission, you should disqualify yourself from considering the plan to avoid the appearance of a conflict of interest. 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 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. SW /rdp S.ncerely, ra S`. C4. istianson General Colpsel e