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HomeMy WebLinkAbout81-627 MurphyOctober 1, 1981 Edward M. Murphy, Esq. County Administration Building 200 Adams Avenue - 4th Floor Scranton, PA 18503 Dear Mr. Murphy: Mailing Address: STATE ETHICS COMMISSION P.O. BOX 1179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 ADVICE OF COUNSEL RE: Conflict of Interest, Redevelopment Authority, Planning Commission This responds to your letter of August 27, 1981, in which you, as solicitor to the Redevelopment Authority of Lackawanna County, requested an opinion from the Ethics Commission. Issue: You asked for advice as to whether it is a con- flict of interest for the Executive Director of a Planning Commission to act as a consultant- contractor to the Lacka- wanna County Redevelopment Authority. Facts: You informed us that the Redevelopment Authority of Lackawanna County is considering employing Rocco L. Campagna as a Consultant. Campagna is associated with the firm of Rocco L. Campagna and Associates. This firm prepared the pleas for the Dunmore Corners Urban Renewal Project on behalf of the Borough of Dunmore, Lackwanna County, Pennsylvania. The plans were submitted to the Lackawanna County Planning Commission and approved by that body. Campagna is not a member of the Commission but is its Executive Director. Discussion: In the Ethics Act, 65 P.S. Section 401 et seq., the Legislature proscribed certain activities of public officials or public employees. The jurisdiction of the Ethics Commission only addresses issues raised under Act 170. This advice, therefore, discusses the impact of the Ethics Act on the situation you described. We are State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Edward M. Murphy, Esq. October 1, 1981 Page 2 not authorized to interpret the County Code, specifically 16 P.S. Section 1806, for you and will not determine what effect, if any, the prohibitions of 16 P.S. 1806 have on Mr. Campagna's activities. The Ethics Act uses the term "public employee" to include all those employed by a political subdivision of the Commonwealth who are responsible for taking or recom- mending non- ministerial official action with regard to planning, zoning or any other activity where the official action has a greater than de minimus economic impact on the interests of any person. 65 P.S. Section 402. The Lackawanna County Planning Commission is a politial sub- division and its executive director must certainly be responsible for taking or recommending non - ministerial action with regard to planning or zoning. As the Regulations of the Ethics Commission indicate, executive directors are commonly considered public employees within the meaning of the statute. See 51 Pa. Code Section 1.1. - Asa public employee Rocco Campagna must conform his conduct to the requirements of the Ethics Act. However, nothing in the Act prevents Campagna from serving as a consultant to the Redevelopment Authority provided certain provisions of the Act are scrupulously observed. Section 3(a) of the Act states that no public employee may use his public employment or confidential information received through public employment to obtain . financial gain for himself or a business with which he is associated. 65 P.S. Section 403(a). Campagna may not use his position with the Planning Commission or confidential information received through that position to obtain work as a consultant to the Authority. Another part of the Act provides that no public employee may accept anything of value based on any under- standing that his official actions will be influenced thereby. 65 P.S. Section 403(b). "Anything of value" can be a promise of future employment. Therefore, Campagna could not accept employment as a consultant to the Redevel- opment Authority based on any understanding that his official actions as the Executive Director of the Planning Commission would be influenced thereby. Campagna should be aware that he may not accept employment for himself or Rocco L. Campagna Associates if his official actions would be affected by such employment. Edward M. Murphy, Esq. October 1, 1981 Page 3 Section 3(c) of the law commands that no contract valued at more than $500 shall be made between a public employee and a governmental body unless it is awarded in an open and public process. 65 P.S. Section 403(c). This prohibition does not apply to contracts entered into by Rocco Campagna or Rocco Campagna Associates and the Re- development Authority because the Redevelopment Authority is not the "governmental body" with which Campagna is associated. Campagna is "associated with" the Planning Commission, not the Authority and Section 3(c) would not preclude proposed contract. If these limitations are observed there is no conflict of interest in Campagna acting as consultant to the Authority. In its decision Alfano, 80 -007, the Ethics Commission held that there is a conflict of interest where an individual represents two or more persons with interests adverse to one another. Campagna does not represent persons with adverse interests. According to the information you gave us, the Redevelopment Authority and the Planning Commission do not have contradictory interests. Conclusion: An executive director of a county planning commission is a public employee subject to the Ethics Act. There is no inherent conflict of interest in the Executive Director, Rocco L.'Campagna, serving as a consultant to the Lackawanna County Redevelopment Authority. Campagna may not use his post as Executive Director or confidential information received as Executive Director to obtain financial gain for himself or any business with which he is associated. Nor may he accept anything of value, including a promise of future employment of himself or his business, based on any understanding that his official acts as Executive Director will be influenced thereby. Because the governmental body with which Campagna is associated is the Planning Commission and not the Authority, he and the Authority may contract without reference to the open and public process requirements of Section 3(c) of the Ethics Act. 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 Edward M. Murphy, Esq. October 1, 1981 Page 4 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 /lma Sincerely, ndra .Christianson General Counsel