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HomeMy WebLinkAbout81-524 White44.-V STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 March 10, 1981 ADVICE OF COUNSEL John R. White, Esquire 81 - 524 122 Baltimore Street Gettysburg, PA 17325 RE: Dual Employment, Borough Planning Commission, Assessors Dear Mr. White: This responds to your letter of January 14, 1981, in which you, the Adams County Solicitor, requested an opinion from the Ethics Commission. Issue: You requested advice as to whether the Ethics Act prohibits an elected assessor from serving as a member of the Borough Planning Commission. Facts: You informed us that an elected local assessor might become a member of the Borough Planning Commission. Discussion: Initially we note that this advice is limited to consideration of the impact of the Ethics Act on the situation you describe. The jurisdiction of the Ethics Commission is circumscribed by the Ethics Act. The Commission cannot, therefore, interpret "any other legislative or regulatory enactment" that might affect the problem presented in your letter. An elected assessor is a public official within the meaning of the Act. The statute defines "public official" as "Any elected or appointed official in the Executive, Legislative or Judicial Branch of the State or any subdivision thereof..." 65 P.S. §402. As an elected assessor the individual is subject to the Ethics Act. Even though Act 170 governs the conduct of the elected assessor there is no conflict of interest per se when do assessor serves as a member of a Planning Commission. Planning Commission members recommend various plans to the governing authority of the municipality. The municipality actually approves or disapproves recommendations of the planners. The Ethics Commission has held that the Ethics Act does not prohibit simultaneous representation of more than one political subdivison by solicitors as "public employees." John R. White, Esquire March 10, 1981 Page 2 Kin__ , 79 -034. Analogously, the Act does not prohibit an individual from serving a municipality in more than one capacity. The assessor and a member of the Planning Commission have distinct duties. There is therefore, no reason to preclude holding such positions simultaneously. Conclusion: While the assessor is a public official subject to the Ethics Act there is no per se prohibition against the assessor simultaneously serving as a member of a Planning Commission. 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. SW /rdp Sandra S. Christianson General Counsel