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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