HomeMy WebLinkAbout81-543 SuloffSTATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
April 10, 1981
ADVICE OF COUNSEL
Mr. Fred F. Suloff 81 -543
RD #1
Honey Grove, PA 17035
RE: Township Supervisor, Real Estate Agent, Conflict of Interest
Dear Mr. Suloff:
This responds to your letter of March 10, 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 a Township Supervisor from acting as a
real estate salesman in the Township.
Facts: You informed us that you are retired but that you
maintain a real estate sales agency in Tuscarora Township,
Juniata County. You are a candidate for Supervisor in
Tuscarora Township.
Discussion: The Ethics Act, 65 P.S. §401 et seq., governs the
conduct of any elected or appointed official in the executive,
legislative or judicial branch of the State or any political
subdivision thereof. Id, §402. A Township Supervisor is an
elected official in a political subdivision of the State and is
subject to the Ethics Act. If you become a Supervisor of
Tuscarora Township, your conduct must be governed by the statute.
There is, however, no inherent conflict of interest in a
Township Supervisor selling real estate in the Township. As
the Commission noted in its opinion in Sowers, 80 -050, the Act
was not meant to prevent public officials from dealing with the
general public. As a Supervisor you do not have the pervasive
influence over every part of the planning, zoning, inspection,
and licensing process that created the conflict of interest
proscribed in Norris, 80 -053 (A real estate salesman may not
serve as a protessional Planning, Building, Zoning or Code
Enforcement Officer).
Nevertheless, you must observe the strictures the Ethics
Act places upon your activities while in public office. The
Act clearly forbids use of an official position as Supervisor
to obtain work as a real estate salesman. 65 P.S. §403(b);
April 10, 1981
Page 2
Sowers, 80 -050. Equally clear is the statutory prohibition of
a client or potential client of the Supervisor attempting to
influence the Supervisor's vote by holding out the promise of
future employment. Id.
Another area of conflict appears when the Supervisor
advocates or votes on matters that affect his real estate
clients. If the Supervisor knows at the time of the vote that
he has worked for or can legitimately expect to work for a
client, or that he will offer his services to a particular
prospective client the Supervisor must refrain from voting and
place the reason for his abstention on the public record.
Sowers, 80 -050.
The Act also specifically forbids a public official from
using his public office or confidential information received
through holding public office to obtain financial gain for
himself, his immediate family or a business with which he is
associated, 65 P.S. §403(a). The Supervisor may not use his
public office or confidential information received while in
public office to obtain financial gain for himself, his real
estate business or his real estate clients.
Conclusion: You would be, if elected as Supervisor, a public
official subject to the Ethics Act. No inherent conflict of
interest is presented by your acting as real estate salesman.
You may not use your official position to obtain work as a
real estate salesman. Your real estate clients may not attempt
to influence your vote.
If you know at the time of an official vote or action on a
matter affecting a real estate client that you work or have a
legitimate expectation of working for a particular client, or
that you will offer your services to a prospective client you
must abstain and place the reason for your abstention on the
public record.
You may not use public office or confidential information
received through holding public office to obtain financial gain
for yourself, your immediate family or your real estate
business.
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.
April 10, 1981
Page 3
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