HomeMy WebLinkAbout81-559 PowellMary S. Powell
LeBoeuf Township Secretary
Waterford, PA 16441
Dear Ms. Powell:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
April 24, 1981
ADVICE OF COUNSEL
RE: Supervisors, Conflict of Interest
81 -559
This responds to your letter of April 2, 1981, in which
you, as Secretary- Treasurer of LeBouef Township, requested an
opinion from the Ethics Commission.
Issue: You requested advice as to whether the Township may
purchase gasoline from a fuel supplier who has two of the
Township Supervisors as customers.
Facts: You informed us that LeBoeuf Township desires to buy
gasoline from a local fuel supplier. Two of the three Township
Supervisors are customers of the supplier.
Discussion: The Ethics Act, 65 P.S. §401 et se q., defines
public official as "Any elected or appointed official in the
Executive, Legislative or Judicial Branch of the State or a
political subdivision thereof..." 65 P.S. §402. Township
Supervisors are obviously public officials within the meaning
of the Act and must govern their conduct in office by the
provisions of the Act.
The Ethics Act does not, however, prohibit the Township
from buying gasoline from a fuel supplier who also serves two
Supervisors. The statute forbids the Supervisors in question
from using their public office or any confidential information
received through holding public office to obtain financial gain
for themselves, their immediate families or businesses with
which they are associated. 65 P.S. §403(a). Thus, the Super-
visors may not use their office or confidential information
received through holding their office to obtain, for example, a
lower price from the fuel supplier on their personal purchases.
The Supervisors and the fuel suppliers should also note
that Section 3(b) of the Act provides as follows:
Mary S. Powell
April 24, 1981
Page 2
"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(b).
Accordingly, the fuel supplier may not offer, nor may the
Supervisors accept anything of value, including, for example,
any rebate or discount not available to the general public,
based on any understanding that an official action of the
Supervisors would be influenced thereby.
Conclusion: Township Supervisors are public officials subject
to the Ethics Act. The Act does not prohibit the Township from
buying gasoline from a fuel supplier who also sells fuel to two
Township Supervisors.
The Supervisors may not use their office or confidential
information recevied through holding office to obtain financial
gain for themselves, their immediate families or businesses
with which they are associated. The Supervisors may not accept,
nor the fuel supplier offer, anything of value based on any
understanding that the Supervisors' official actions would be
influenced t:iereby.
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
Sincerely,
94
andra S.
General C
unsel
tianson