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HomeMy WebLinkAbout82-517 BerkebileHarold W. Berkebile, Jr. 338 Oakland Avenue Johnstown, PA 15902 RE: Dual Employment, Mayor, Policeman Dear Mr. Berkebile: Mailing Address* STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 February 22, 1982 ADVICE OF COUNSEL 82 -517 This responds to your letter of February 11, 1982 in which you requested an opinion from the State Ethics Commission. Issue: You request information as to whether it constitutes any conflict of interest to serve as Mayor of Lorain Borough (Cambria County) and to work as a Policeman for Stoneycreek Township. Facts: You currently serve as Mayor of Lorain Borough, Cambria County. You do not receive any pay in this position but we assume that it is an elected post. Stoneycreek Township provides police protection under contract for Lorain Borough. Stoneycreek Township is considering hiring a part -time policeman and you are being considered for the job. We note that Lorain Borough does not have a police department. In addition, as Mayor of Lorain Borough you do not normally vote on matters or contracts made between the Borough and other entities. You vote only if there is a tie vote among the Councilmen of the Borough. Discussion: As an elected Mayor for the Borough of Lorain you are a public official within the definition of that term under the Ethics Act. See 65 P.S. 402. As a public official you are subject to the provisions of the Ethics Act. State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Harold W. Berkebile, Jr. February 22, 1982 Page 2 The Ethics Act requires you to avoid "prohibited activities" and to avoid even the appearance of a conflict of interest with the public trust. See 65 P.S. 403 and 401. However, in its opinion in Alfano, 80 -007, the Ethics Commission indicated that ser niv g or holding two positions would constitute a conflict of interest or a prohibited activity only where the individual in such service would represent the interests of two or more persons whose interests are adverse to one another. In your situation we do not feel that the interests of Lorain Borough and that of the police department serving Lorain Borough (Stoneycreek Township) are adverse. Therefore, you would not violate the Ethics Act by accepting appointment as a policeman under the circumstances you present. Of course, should you be required as Mayor to vote on any particular provisions of the contract or matters associated with the provision of police protection by Stoneycreek Township to Lorain Borough, you should abstain from such participation, discussions and votes while you are employed by Stoneycreek Township as a police officer. In addition, we note that Section 3(a) and (b) of the Ethics Act must be observed. These Sections provide that no public official may use his public office to obtain financial gain other than the compensation provided by law for himself and that no public official may accept any thing of value, including the promise of future employment, based on the understanding that his official conduct would be influenced thereby. Thus, as Mayor you may not use your official position or have your official conduct as Mayor influenced in such a manner. We present these cautions and concerns only as guides for future conduct and so that you may be aware of these provisions of the Ethics Act. Conclusion: While you are a public official subject to the Ethics Act by virtue of your position as Mayor of Lorain Borough, you may, consistent with the Ethics Act, serve simultaneously as Mayor and as a policeman for Stoneycreek Township. In your position as Mayor your conduct should be guided by the concerns and cautions expressed in this Advice. 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. Harold W. Berkebile, Jr. February 22, 1982 Page 3 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. SSC /rdp Sincerely, ndra hristiansor. General Cpunsel