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HomeMy WebLinkAbout82-510 BuffamoyerMark Buffamoyer Route 2, Box 1E80' Lebanon, PA 17042 RE: Employee, Authority Dear Mr. Buffamoyer: Mailing Address: STATE ETHICS COMMISSION P.O. BOX 1179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 February 2, 1982 ADVICE OF COUNSEL 82 -510 This responds to your communication of January 14, 1982, in which you requested advice of the State Ethics Commission. Issue: You inquire as to whether there is any prohibition in acceptance of employment as a member of an authority under specified circumstances. Facts: You currently serve as a Township Supervisor. This same Township has created an Authority under the Munici- pality Authorities Act. You question whether or not you may be selected for by the Authority. Discussion: The Ethics Act finds a "public official" as any elected official within the Executive, Legislative, or Judicial Branches or a political subdivision. Obviously, as an elected Township Supervisor you are a "public official" within the purview of the Ethics Act. While the Ethics Act does impose certain restraints on the activities of "public officials ", the statute does not require that public officials refrain from all other professional or personal employment. Indeed, employment in two or more political subdivisions would be prohibited only if a "conflict of interest" existed in that service. King, 79 -034. In your case, you propose service with two legally distinct entities -- the Township and the Municipal Authority. A "conflict of interest" would exist in this dual service only if the individual involved in such service has interests which are adverse to each other. Alfano, 80- 007. There does not appear to be a per se conflict between the interests you serve as a Township Supervisor and those interests which you would serve as an employee of the Authority. Accordingly, there is no per se conflict of interest in such service.. State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Mark Buffamoyer February 2, 1982 Page 2 Of course, there are some general requirements which you should be aware of ro..A.thstanr?ing the above conclusion. Specifically, the Eth cs ; .pct precludes the use of your public office o:: c:'.nf i_ information Leileived through the holding of public office to obtain financial gain for oneself or one's. immeCiate family. See 65 P:S. 403(a). In ad.ditioii,• no one ray give or offer to any public offical any thing of value, including the promise of future employment, based on the understanding that his offical actions would be influenced thereby See 65 P.S. 403(c). Thus, you could not use your official position as a Township Supervisor or confidential information received through the holding of that office to obtain employment with the Authority. Likewise., you coul.: not be promised future employment with the Authority oil the understanding that your official actions as a Township Supervisor would be influenced thereby. In'addtion, should you accept employment with the Authority and matters, cases or questions on which the Authority is interested are subject to review by the Township Supervisors, you should abstain from participation in such review. Knox, 81 -009. Within these confines, however; _ which do not appear to exist in this case, you may accept employment with the Municipal Authority. - Finally, your Financial Interest Statement which you are required to file as a public official (Township Supervisor) should reflect income in excess of $500. Thus, this statement should reflect the fact that you are employed by the Authority in addition to any other income in excess'of $500. Conclusion: As a Township Supervisor your conduct is within the purview of the Ethics Act. However, you are not precluded from accepting employment as an employee of the Municipal Authority crated by the Township which you serve: as an elected official, assuming that there is no other v o1acion or problem related to Sections 3 (a) or 3 (c) of the Ethics Act as discussed above. Pursuant to Section 7 (9) (11) , this Acxvice is a complete defense in any enforcement proceeding initiated by the Commission, and evidence of good faith conduct in any other civil or cri.mina.'_ proceeding, providing the requestor his disclosed truthfully all the material facts ;end committed the acts complainer? of in reliance on the Advice given. This letter is a public record and will be made available as such. Mark Buffamoyer (7 February 2, 1982 Page 3 SSC /rdp Sincerely, 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. Sandra S. hristianson General Counsel