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HomeMy WebLinkAbout82-500 McMillenKeith R. McMillen, Esq. 23rd & Davidson Streets Aliquippa, PA 15001 Mailing Address: STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 January 5, 1982 ADVICE OF COUNSEL 82 -500 RE: Township Commissioner, Sewer Authority Member, Planning Commission Member Dear Mr. McMillen: This responds to your letter of November 20, 1981, in which you, as Solicitor of Hopewell Township, requested an opinion from the Ethics Commission. Issue: You asked whether it is a conflict of interest for a Township Commissioner to serve as a board member of the Township Sewer Authority or the Township Planning Commission. Facts: Hopewell Township is a First -class Township and has a Township Sewer Authority as well as a Township Planning Commission. The Planning Commisssion has only advisory powers and its members are appointed by the Board of Commissioners. Discussion: The Ethics Act, 65 P.S. §401 et. seq., controls the conduct of specific government officials. In §402 of the Act a public official is defined as any elected or appointed official in the executive or judicial branch of the state or one of its political subdivisions. As elected officials the Township Commissioners are subject to the Ethics Act. The Ethics Act does not preclude a public official from holding more than one office. There is no per se prohibition on a Township Commissioner serving as a member of a sewer authority or a planning commission. According to the decision of the Ethics Commission in Alfano, 80 -007 a conflict of interest exists where an individual represents two or more persons with interests adverse to each other. The Township Commissioners do not have interests adverse to those of the Sewer Authority or the Planning Commission. To avoid the appearance of a conflict of interest the Township Commissioner should not vote on his or her appointment to the sewer authority or the planning commission. State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Keith R. McMillen, Esq. January 5, 1982 Page 2 The Township Commissioner should be aware that the Ethics Act applies to his or her conduct in any public office he or she holds. Thus, the person involved cannot use any public office or confidential information received through holding any office to obtain personal financial gain. 65 P.S. §403(a). Nor may the Commissioner accept anything of value, including a promise of future employment, based on any understanding that his or her official acts as Commissioner or member of an authority or planning commission would be influenced thereby. 65 P.S. §403(b). Finally, if the Commissioner is a public official in more than one governmental body, he should note that the prohibitions of §403(c) of the Act apply to contracting with any governmental body with which he is associated. Conclusion: There is no inherent conflict of interest when a Township Commissioner also serves as a member of the township's sewer authority or planning commission. The Township Commissioner should abstain from a vote on his appointment to another body. The Commissioner must observe the restrictions imposed by the Ethics Act in his or her official conduct of all offices held. The Commissioner cannot use any public office or confidential information received through holding any office to obtain financial gain. The Commissioner cannot let his official acts in any public office to be influenced by receipt of any- thing of value. The open and public process requirements of §403(c) must be met when the Commissioner, his family or his business seeks to contract with any of the governmental bodies the Commissioner is assoicated with. 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. SW /rdp Sincerely, S -ndra S. istianson General Cou sel