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HomeMy WebLinkAbout81-574 HarrisSamuel J. Harris, Jr. Township Manager Whitemarsh Township Joshua Road LaFayette Hill, PA 19444 Dear Manager Harris: rZrz STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 June 8, 1981 ADVICE OF COUNSEL RE: Outside Employment, Township Employees 81 -574 This responds to your communication of May 15, 1981 in which you as Township Manager for the Township of Whitemarsh, requested an opinion from the Ethics Commission. Issue: You requested advice as to whether the Ethics Act prevents a current employee of the Township from engaging in employment "outside" of their regular employment with the Township. Facts: You indicated that there are two (2) employees who are registered professionals and currently employed by the Township. One is a planner and one is an engineer. Each of these individuals may wish to engage in professional employ- ment "outside" of their employment with the Township. Discussion: For the purposes of this discussion we will simply assume that the two (2) individuals in question, the planner and the engineer are within the definition of "public employee" within the meaning of the Ethics Act, Section 2, 65 P.S. 402. Given this assumption, the Ethics Act does not prohibit such individuals, while currently employed with the Township, from engaging in "outside" employment. The only caution that I would add would be a reference to Section 3(a) and Section 3(b) of the Ethics Act, 65 P.S. 403(a) and 403(b) respectively. These provi- sions require that no public official may use his public office or confidential information received through his holding of public office to obtain financial gain other than the compensation allowed them by law. In addition, subsection (b) indicates that no person shall offer and no public official or public employee shall accept anything of value, Samuel J. Harris, Jr. June 8, 1981 Page 2 including the promise of future employment, based on any understanding that that individual's official action or judgment would be influenced thereby. Accordingly, these individuals could not use their public office or confi- dential information received through the holding of public office to obtain this "outside employment." Likewise, this employment could not be offered with the understanding that the official judgment or action of the planner or the engineer would be influenced thereby Finally, if such employment resulted in income of over $500, Section 5(b)(5) of the Ethics Act, 65 P.S. 405(b)(5) requires that the name and address of this direct or indirect source of income be reported on the annual Financial Interest Statement. If such employment is undertakened by these individuals by any legal entity engaged in business for profit in which they have any financial interest hold any office or directorship this factor would likewise be reportable on the annual statement of financial interest. Conclusion: There is no prohibition, per se, in the fact that two (2) employees of the Township may wish to engage in outside professional employment. The conduct of these two (2) individuals, however, should be governed by the concepts expressed in this Advice. 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. SSC /rdp Sincerely, S ndra S. stianson General Cou sel