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HomeMy WebLinkAbout81-585 StackhouseDear Mr. Stackhouse: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 June 30, 1981 ADVICE OF COUNSEL Darryl S. Stackhouse 81 -585 Room 510 Northwest Office Building Harrisburg, PA 17124 RE: Conflict of Interest; Liquor Control Board Program Analyst; Township Planning and Zoning Commission This responds to your letter of June 2, 1981, in which you requested an opinion from the Ethics Commission. Issue: You asked for advice as to whether the Ethics Act forbids you from sitting on a Township Planning and Zoning Commission while employed by the Pennsylvania Liquor Control Board (LCB). Facts: You are an employee of the Pennsylvania Liquor Control Board as a Program Analyst III in the Office of Program Planning and Evaluation. You have the opportunity to serve on the Lower Paxton Township Planning and Zoning Commission (Commission). The Commission advises the Township Board of Supervisors on planning and zoning and recommends subdivision and land develop- ment plans. The Commission examines plans for conformity with Township ordinances and its comprehensive plan. Commission members are not compensated for their services. Discussion: Assuming that as a Program Analyst III you are a public employee subject to the Ethics Act, 65 P.S. §401 et. seq., there is no conflict of interest in your employment by the LCB and service on the Lower Paxton Township Planning and Zoning Commission. The Ethics Commission has held that an individual may serve more than one political entity. King, 79 -034. The Ethics Commission defined "conflict of interest" in Alfano, 80 -007 as existing when an individual represents two or more persons whose interest is adverse to each other. The interests of the Liquor Control Board and the Lower Paxton Township Planning and Zoning Commission are not adverse and the situation you describe does not violate the Ethics Act. SW /rdp Darryl S. Stackhouse June 30, 1981 Page 2 Conclusion: There is no conflict of interest or violation of the Ethics Act when an employee of the Pennsylvania Liquor Control Board serves on a Township Planning and Zoning 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. Ftnally, 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. Sing erely, Sandra S. %hristianson General Counsel