HomeMy WebLinkAbout81-642 SusolMr. Victor M. Susol
Enforcement Officer
Erie Enforcement Bureau
1420 W. 26th Street
Erie, PA 16508
Mailin Address:
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
November 16, 1981
ADVICE OF COUNSEL
RE: PLCB Enforcement Officer, Conflict of Interest
Dear Mr. Susol:
This responds to your letter of October 12, 1981
requesting advice from the State Ethics Commission.
Issue: You aksed whether you, as an Enforcement Officer II
for the Pennsylvania Liquor Control Board (hereinafter,
PLCB) may accept a nomination to the Township Sewer Authority
for the Township Sewer Authority.
Facts: You currently serve as an Enforcement Officer II
for the PLCB. You have been nominated to the Millcreek
Township Sewer Authority and desire to accept that nomination.
Discussion: As a PLCB Enforcement Officer, you are a public
employee for the purposes of the State Ethics Act, 65 P.S.
401 et seq. See Goldman, 81 -622; Peffley, 80 -055.
Generally, the State Ethics Act does not preclude a
public employee from holding or serving in other public
office, elected or appointed. Specifically, accepting
a nomination to the Millcreek Township Sewer Authority
presents no inherent conflict of interest violative of
the Ethics Act.
Nevertheless, the Ethics Act does preclude the use
of confidential information acquired through your public
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
81 -642
Mr. Victor M. Susol
November 16, 1981
Page 2
employment for any personal gain. Also, you may not offer
or accept anything of value with the understanding that
your official action or public duty would be influenced
thereby. These principles should guide you in relation to
your employment with the Commonwealth and as an appointed
official in Millcreek Township.
Conclusion: The Ethics Act does not prohibit an Enforce-
ment Officer for the Pennsylvania Liquor Control Board
from accepting a nomination to a Township Sewer Authority.
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 /lma
2837
cc: Daniel Pennick
Liquor Control Board
Chairman of the Board
Sincerely,
dra S. 1'ristianson
General Counsel