HomeMy WebLinkAbout82-516 RadleMr. Charles E. Radle
28 South Water Street
Hummelstown, PA 17036
Dear Mr. Radle:
Mailing Address.
S'K'ATE ETHICS COMMIS" ION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783-1610
February 22, 1982
ADVICE OF COUNSEL
82 - bib
RE: Department of Agriculture Inspector Serving on Local Board
of Health
This responds .to your letter of January 19, 1982 in which
you, as Supervising Inspector for the Pennsylvania Department
of Agriculture, requested an opinion from the State Ethics
Commission.
Issue: May a Department of Agriculture Supervising Inspector
accept a Borough Council's appointment to the local Board of
Health when approximately 15 borough eating and drinking
licensees are subject to inspection by both the Borough and the
Department of Agriculture?
Facts: You presently serve as Supervising Inspector for the
Pennsylvania Department of Agriculture. In December, 1981, the
Hummelstown Borough Manager contacted you about your serving on
the local Board of Health. Your expertise in the area of food
sanitation and handling, and state requirements for restaurant -
like establishments would be extremely helpful to the Borough.
The Borough is responsible for licensing and inspecting
approximately fifteen eating establishments within the Borough.
As a Supervising Inspector, you presently inspect two of
those fifteen establishments for sanitation violations although
the Department of Agriculture itself has authority to inspect
the remaining thirteen for possible misbranding violations.
Discussion: As a Supervising Inspector for the Department of
Agriculture, you are responsible for taking official, non -
ministerial action with regard to inspecting and licensing. In
addition, your action has an economic impact of greater than a
de minimus nature on the interests of those whom you inspect.
Thus, under 65 P.S. §402, you are a public employee as defined
by the Ethics Act, and you are subject to its provisions.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Mr. Charles E. Radle
February 22, 1982
Page 2
The Ethics Act requires you to avoid even the appearance
of a conflict of interest with the public trust. 65 P.S. §401.
Your serving simultaneously as the Department's Supervising
Inspector and as a member of the Humme3stown Board of Health,
however, would not present such a cofii.ct.
In its opinion in Alfano, 80 -007 the •Ethics Commission
held that a conflict of interest exists eyhen an individual
represents two or more persons with adverse interests. The
interests of the Department of Agriculture and ':he Hummelstown
Board of health are not adverse to each other. Therefore, you
will. not violate the Ethics Act by accepting at;pointment to the
ioca7. Board e f ?inalth while still employed in the Lepartme7lt of
Agriculture.
Conclusion: Y.:° are a pt sic errployee subject `.o the Ethics
Act by virtue of your position in the Department of Agriculture.
Since the interests of the Department and the local Board of
Health are not adverse to each other, you may serve sirrult&-
neously as a Supervising Inspector and a member of the Humcls-
town Board of Health wirhout violating the Ethics Act.
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 arty other
civil or criminal proceeding, providing the req' stor has
disclosed truthfully all the material facts , - gd committed L.e
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 teis Advice or if yc,u 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.
BF /rdp
cc: Penrose Hallowell,
Secretary
Department of Agriculture
Si ceLely
andra S. Christianson
General Counsel