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HomeMy WebLinkAbout81-520 DennisWilliam D. C. Dennis Commissioner 1176 Old York Road Abington, PA 19001 Dear Mr. Dennis: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 March 9, 1981 ADVICE OF COUNSEL 81 -520 RE: Conflict of Interest, Real Estate Sales, Township Commissioner This responds to your letter of January 12, 1981 in which you, a Commissioner in Abington Township, requested an opinion from the Ethics Commission. Issue: In your letter you requested advice as to whether a Township Commissioner, who is also a real estate broker may sell homes rehabilitated with funds received from H.U.D. Facts: You informed us that you are a licensed real estate broker and an elected Commissioner of Abington Township. The Township receives funds from H.U.D. to redevelop blighted areas. The rehabilitation program is supervised by the Assistant Township Manager. Allocation of funds is approved by the Township Commissioners, subject to revision by the Commis- sioners and H.U.D. You do not approve applications for funds but do answer complaints or questions about the program_from your constituents. Discussion: The Ethics Act, 65 P.S. §401 et seq. defines public official as "Any elected or appointed official in the Executive, Legislative or Judicial Branch of the State or any political subdivision thereof..." Id, §402. As a Township Commissioner you are subject to the — Ethics Act. The Act was not meant to prevent public officials from dealing with the general public. Sowers, 80 -050. You may list and sell homes that have been rehabilitated with federal funds if you observe the requirements of the Act. The Ethics Act provides that no public official shall use his public office or any confidential information obtained through holding public office to obtain financial gain for himself, his immediate family or a business with which he is associated. 65 P.S. William D. C. Dennis March 9, 1981 Page 2 403(a). You may not, therefore, use your public office to obtain real estate listings. Nor may you use confidential information obtained as Commissioner to obtain listings. The Act specifically states that: "No person shall offer or give to a public official... or a member of his immediate family or a business with which he is associated, and no public official... shall solicit or accept, anything of value, including a gift, loan, political contribution, reward, or promise of future employment based on any understanding that the vote, official action or judgment of the public official... would be influenced thereby." 65 P.S. §403(c)(emphasis supplied) Accordingly, you must not allow your vote on allocation of funds to be influenced by any gift or, more specifically, promise of a future listing for the home. Conclusion: A Township Commissioner is a public official under the Ethics Act. A Township Commissioner who is also a real estate broker may list and sell homes that have been rehabili- tated with H.U.D. funds if such listings are not obtained because the broker is a public official or because the broker had used confidential information obtained as a public official. The Township Commissioner must not allow any gift or the promise of future employment as a broker to influence his acts or judgment as a public official. 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 William D. C. Dennis March 9, 1981 Page 3 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 Sincerely, Sandra S. ristianson General C %unsel