HomeMy WebLinkAbout81-651 TrbovichTheodore M. Trbovich, Esquire
800 Lawyers Building
Pittsburgh, PA 15219
Dear Mr. Trbovich:
Mailing Address:
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1810
December 18, 1981
ADVICE OF COUNSEL
RE: School Director, Zoning Hearing Boards
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
81 -651
This responds to your letter of November 9, 1981, in
which you requested an opinion from the Ethics Commission.
Issue: You asked whether the Ethics Act precludes you from
serving as a school director as well as chairman of a
zoning hearing board.
Facts: You informed us that you are the Chairman of the
Zoning Hearing Board of Baldwin Borough. Your tenure in
this position will end in December of 1981. December of
this year also marks the beginning of your two -year term as
a School Director of the Baldwin - Whitehall School District,
Allegheny County, Pennsylvania. The Borough and the School
District are, you told us, separate political subdivisions.
Thus, you do not feel that Act 247, which prohibits members
of zoning hearing boards from holding elected office in
the same municipality, applies to your case.
Discusssion: Initially we note that the jurisdiction of
the Ethics Commission is strictly limited by the Ethics
Act, 65 P.S. Section 401 et. seq. This Advice discusses
the affect the Ethics Act has on your conduct as a public
official. The impact of any other statute such as Act
247 must be addressed by another agency or by private counsel.
The Ethics Act states that public officials must avoid
even the appearance of a conflict of interest with the
public trust. 65 P.S. Section 401. As an elected school
director you are a public official subject to the Act.
See 65 P.S. Section 402. It is not, however, a conflict of
interest under the Ethics Act for you to serve as a school
director and as chair of a zoning hearing board.
Theodore M. Trbovich, Esquire
December 18, 1981
Page 2
In its Opinion in Alfano, 80-007 the Commission held
that a conflict of interest exists when an individual
represents two or more persons with adverse interests. The
interests of the school district and the zoning hearing
board as not adverse to each other There is no violation
of the Ethics Act in you holding both positions.
We remind you that the Ethics Act applies to your
conduct as a school director and as Chairman of the Zoning
Hearing Board. You may not use your public office or
confidential information received through holding public
office to obtain financial gain other than that provided
by law. 65 P.S. Section 403(a). You may not accept
anything of value, including a promise of future employment,
based on any understanding that your official acts as
school director or as chairman would be influenced thereby.
65 P.S. Section 403(b).
Conclusion: You are a public official subject to the Ethics
Act. The school district and the zoning hearing board do
not have interests adverse to one another. You may serve
simultaneously as a school director and as chairman without
violating the Ethics Act.
As a public official you may not use your public office
or confidential information reveived as a public official
to obtain financial gain. Nor may you accept anything of
value, including a promise of future employment, based
on any understanding that your official acts would be
influenced thereby.
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 cf 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
Theodore M. Trbovich, Esquire
December 18, 1981
Page 3
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
S ncerely,
andra S. 1 istianson
General Co nsel