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