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HomeMy WebLinkAbout81-513 WhittakerSandra J. Whittaker Chief Clerk Cumberland County Courthouse Carlisle, PA 17013 STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 February 17, 1981 ADVICE OF COUNSEL RE: Dual Employment, County Employees Dear Ms. Whittaker: 81 -513 This responds to your letter of September 12, 1980, in which you requested an opinion from the Ethics Commission. Issue: In your letter you ask for advice. as to whether a member of a county planning commission may also serve as admini- strator of the county assessment office. Facts: In your letter you state that a member of the Cumber- land County Planning Commission (hereinafter Planning Commis- sion) was appointed to the post of Administrator of the Cumber- land County Assessment Office (hereinafter Assessment Office). Members of the Commission review and pass judgment on proposals for land development in the county including proposals to build multi -unit dwellings, to develop tracts of land, to subdivide land into building lots and to construct or repair roads. The Administrator of the Assessment office implements office policy, reviews assesor's work for accuracy and supervises the office. Discussion: The fact that an individual may hold two government positions is not a per se violation of the Ethics Act. See King, 79 -034. The duties of a member of a Planning Commission involve the exercise of judgment and discretion. The duties of an office administrator in an Assessment Office are essentially ministerial, however, and would not conflict with the duties of a Planning Commission member. The individual serving as a Planning Commission member and as the Administrator for the Assessment Office should bear in mind several provisions of the Ethics Act. The statute provides that no public official or employee shall use his public office or confidential information obtained through his holding public office to obtain financial gain for himself, a member of his immediate family or a business with which he is associated. 65 P.S. §403(a). Accordingly, the individual may not use confi- dential information obtained through holding a position on the Sandra J. Whittaker February 17, 1981 Page 2 Planning Commission or in the Assessment Office to obtain financial gain for himself, his immediate family or a business with which he is associated. Conclusion: There is no violation of either the letter or the spirit of the Ethics Act when a member of a County Planning Commission also serves as Administrator in the County Assessment Office. The individual may not use confidential information obtained as a Planning Commission member and as an Assessment Office Administrator to obtain financial gain for himself, his immediate family or business with which he is associated. 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. SSC /rdp andra S. - ristianson General Counsel