HomeMy WebLinkAbout81-535 RichardSTATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
March 31, 1981
ADVICE OF COUNSEL
George Richard, Jr.
RD #2
Middleburg, PA 17842
RE: Township Supervisor, Dual Employment
Dear Mr. Richard:
81-535
This responds to your letter of March 2, 1981, in which
you requested an opinion from the Ethics Commission.
Issue: In your letter you request advice as to whether the
Ethics Act prohibits an employee of a business that contracts
with a Township from running for Township Supervisor.
Facts: You informed us that you are employed by your father in
his heavy equipment business. Your father has been hired by
Center Township to do road work on an hourly basis. You also
state that the Township will probably hire your father to do
road work such as snow removal in the future. You intend to
run for office of Center Township Supervisor. We assume that
you would remain in your father's employ were you to be elected
Supervisor.
Discussion: The Ethics Act does not prevent an employee of a
business that contracts with a Township from running for
elected office in that Township. The statute does regulate the
behavior of candidates for public office and you should be
aware of these requirements.
Section 4(b) of the Act states in pertinent part that:
"Each candidate for public office shall
file a statement of financial interests
for the preceding calendar year with the
Commission prior to filing a petition to
appear on the ballot for election as a
public official." 65 P.S. §404(b).
Thus, a candidate for Supervisor must file a financial
interest statement. The contents of the statement are set
forth in Section 5 of the Ethics Act 65 P.S. §405. Your
attention is specifically drawn to §405(b)(2), (5), (8), and
(9). These parts of the Act require disclosure of:
George Richard, Jr.
Marc 31, 1981
Page 2
(2) The occupations or professions of the person required
to file the statement and those of his immediate
family; "Immediate fmily" includes your spouse and
minor dependent children.
(5) The name and address of any person who is the direct
or indirect source of income totalling in the aggre-
gate of $500 or more; and
(8) Any office, directorship or employment of any nature
whatsoever in any business entity; and
(9) Any financial interest in any legal entity engaged in
business for profit. 65 P.S. §405(b)(2), (5), (8),
and (9).
Pursuant to these provisions of the Act you must give the
name and address of your father as a source of income totalling
$500 or more; your employment in your father's business and
your financial interest in any business.
Should you be elected Supervisor, the Act imposes several
other restrictions on your conduct. You may not use confiden-
tial information acquired through holding public office to
obtain financial gain for yourself or a business with which you
are associated. You are "associated with" any business in
which you are a director, owner, officer, owner of stock or
employee. Nor may you allow the promise of future employment
with your father's business influence your vote, official
action or udgment as an elected official should you be elected.
65 P.S. §403(a) and (b).
Further, to avoid the appearance of a conflict of interest,
should you be elected, you must abstain from voting on matters
relating to your father's contracts with the Township and place
the reason for abstention on the public record. See Sowers,
80 -050.
Conclusion: The Ethics Act does not prohibt an employee of a
business that contracts with a Township from becoming a candi-
date for elected office in that Township. A candidate for the
office of Township Supervisor must file a statement of financial
interests disclosing his employment in any business, including
that of your father, if you got $500 or more income from that
business. If you hold any other position or financial interest
in any other business for profit, this is to be included on
your Financial Interest Statement.
As a Supervisor you must not use confidential information
obtained as Supervisor to obtain financial gain for yourself or
a business with which you are associated. The promise of
future employment by the business with which you are associated
or with your father's business, in your case, may not influence
your judgment as a public official.
George Richard, Jr.
March 31, 1981
Page 3
To avoid the appearance of a conflict of interest you
should abstain from voting, if elected, on matters pertaining
to your father's business and place the reason for your absten-
tion on the public record.
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
Enclosure
Sincerely,
Sandra S. hristianson
General Counsel