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HomeMy WebLinkAbout82-518 KlineDear Mr. Kline: Mailing Address: STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 February 22, 1982 ADVICE OF COUNSEL Mr. Homer P. Kline Superintendent of Schools Franklin Regional School District 3925 Reed Boulevard Murrysville, PA 15668 82 -518 RE: School Director, Municipal Civil Service Committee Member This responds to your letter of January 20, 1982 in which you, as Superintendent of the Franklin Regional School District, requested advice from the State Ethics Commission. Issue: Does a School Director's serving on a municipal Civil Service Committee present a conflict of interests in violation of the State Ethics Act? Facts: You serve as Superintendent of the Franklin Regional School District. Mrs. Susan Greenberg is presently a member of the Franklin Regional Board of School Directors. Mrs. Greenberg has been asked to serve on the Municipal Civil Service Committee, which supervises the employment of municipal police officers. You question whether Mrs. Greenberg's concurrent service on the School Board and the Civil Service Committee may present a conflict of interest contrary to the standards prescribed by the State Ethics Act. Discussion: The Ethics Act, 65 P.S. §401 etseg.., requires that public officials "present neither a conflict nor the appearance of a conflict with the public trust." As a School Director, Mrs. Greenberg is a public official subject to the responsibilities and restrictions of the Act. The Ethics Act does not prohibit persons from holding more than one position in the public sector. Rather, it furnishes guidelines by which a person can hold certain employment and at the same time safeguard the public trust. In its opinion in Alfano, 80 -007, the Commission held that a conflict of interest exists when an individual represents two or more persons with adverse interests. The interests of the Franklin Regional State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Mr. Homer P. Kline February 22, 1982 Page 2 School Board and a municipal Civil Service Committee, however, are not per se adverse to each other. Thus, there its no viola- tion of the Ethics Act should Mrs. Greenberg serve in both capacities. The Ethics Act applies to her conduct as a School Director, however. In general, she may not use her public office or confidential information received threrefrom to obtain financial gain beyond that provided by law. 65 P.S. §403(a). Mrs. Greenberg may not accept anything of value, including a promise of future employment, based on any understanding that her official acts as a School Director would be influenced thereby. 65 P.S. §403(b). Conclusion: As a member of the Franklin Regional Board of School Directors, Mrs. Greenberg is a public official subject to the Ethics Act. Because the Board and a municipal Civil Service Committee, directing police officer employment, do not have interests adverse to each other, she may serve simulta- neously on both entities without 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 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. 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. BF /rdp Sincerely, 'Sandra :"Christianson General Counsel