HomeMy WebLinkAbout81-650 FergusonRobert E. Ferguson
30 Bierer Street
Delmont, PA 15626
Dear Mr. Ferguson:
Mailing Address:
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
December 18, 1981
ADVICE OF COUNSEL
RE: Borough Council, Tax Collector
81 -650
This responds to your letter of November 23, 1981, in
which you, as President of Delmont Borough Council, requested
an opinion from the Ethics Commission.
Issue: You asked whether the Ethics Act prohibits a member of
a borough council from serving as a tax collector
for a school district.
Facts: You informed us that Edward Gazda was elected as
Councilman for Delmont Borough for a two -year term on
November 3, 1981. On November 9, 1981 Gazda was appointed
school district tax collector by the Franklin Regional School
Board; he will collect school taxes, per capita taxes and
wage taxes.
Discussion: The Ethics Act, 65 P.S. Section 401 et. seq.,
controls the conduct of public officials. As an elected
member of Delmont Borough Council Edward Gazda is a public
official within the meaning of the Act. 65 P.S. Section 402.
He is also a public official by virture of his appointment
as tax collector. Id. The Ethics Act does not, per se,
preclude an individual from holding more than one public
office.
The statute does prohibit conflicts of interest. See
65 P.S. Section 401. The Ethics Commission has stated that
a conflict of interest exists where an individual represents
two or more persons who have interests adverse to one another.
Alfano. 80 -007. The Borough Council and the School District
do not have adverse interests, therefore, there is no
conflict of interest. Gazda may serve as a member of
Borough Council and as a tax collector so long as he serves
each post with fidelity.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Robert E. Ferguson
December 18, 1981
Page 2
Mr. Gazda should be aware that the Ethics Act governs
his official acts as a councilman and as a tax collector.
He may not use either office, or confidential information
received through holding either office to obtain personal
financial gain. 65 P.S. Section 402(a). He cannot accept
anything of value including the promise of future employment,
based on any understanding that his official actions as
councilman or tax collector would be influenced thereby.
65 P.S. Section 403(b). Finally, Gazda is associated
with two governmental bodies: Delmont Borough and
the Franklin Regional School District. Should he, his
immediate family, or a business in which he has an interest
desire to enter into a contract valued at more than $500
with either the borough or the school district, the contract
must be awarded in an open and public process. 65 P.S.
Section 403(c).
Conclusion: A school district and a borough council do
not, per se, have adverse interests and one person may serve
as a councilman and a tax collector. The councilman /tax
collector, Mr. Gazda, is a public official who cannot use
either office to obtain financial gain. He cannot accept
anything of value based on any understanding that his official
acts as a councilman or a tax collector would be influenced
thereby. Gazda is associated with two governmental bodies
and the open and public process requirements of the Ethics
Act apply to contracts worth more than $500 made with the
borough and the school district.
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
Robert E. Ferguson
December 18, 1981
Page 3
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,
Sandra S. Ch stianson
General Counsel