HomeMy WebLinkAbout82-542 FrederickMr. Donald V. Frederick
114 S. Summit Street
Lock Haven, PA 17745
RE: Public Employee - Simlutaneous Service as City Councilman.
Dear Mr. Frederick:
Mailing Address:
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
May 10, 1982
ADVICE OF COUNSEL
82 - 542
This responds to your letter of April 5, 1982 in which you requested
advice from the State Ethics Commission.
Issue: May an Equipment Operator, employed by the Department of Transporta-
tion, serve at the same time as a City Councilman without violating the provi-
sions of the Ethics Act?
Facts: You inform us that you have been a City Councilman for the City of
Lock Haven since January, 1972. Since April, 1971, you have been employed by
the Pennsylvania Department of Transportaiton. You work at the Lock Haven
Division as an Equipment Operator operating various types of equipment. Your
job as Equipment Operator involves no administrative duties or decision - making
functions.
As a City Councilman, you vote on the expenditures of monies and State
grants, as well as perform other official duties as a Council member.
You now question whether your simultaneous service for the City of Lock
Haven and for the Department of Transportation presents a conflict of interest
under the Ethics Act.
Discussion: As a member of the Council of the City of Lock Haven, you are a
public official subject to the Ethics Act, 65 P.S. §401 et seq. Public
officials must comply with the guidelines and requirements set forth in the
Act so as to avoid both actual and apparent conflicts of interest which might
otherwise result by virtue of the position of public trust in which they
serve.
Section 3(c) of the Act states in part that no public official "shall
enter into any contract valued at $500 or more with a governmental body unless
the contract has been awarded through an open and public process." 65 P.S.
§403(c). The Commission, however, has interpreted "governmental body" to mean
the governmental body with which the public official is associated. Barbin,
79 -038. Your employment with PennDot does not constitute a "contract' with
the Council - -the governmental body with which you are associated. Thus, this
job or employment does not violate the Ethics Act.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Mr. Donald V. Frederick
May 10, 1982
Page 2
In your situation, your work as City Councilman and your work as an
Equipment Operator involve associations with two distinct governmental
bodies: the Lock Haven City Council and the State Department of
Transportation. Thus, your serving in the two areas at the same time presents
no per se conflict of interest under the Ethics Act.
Of cause, you may not use your public, office on Council to secure "gain"
for yourself, including employment. Particularly, where, as here, your
employment with PennDot pre -dated your clection to Council, there is clearly
no violation of this provision of the Ethics ir.t. See Sec. 3(a), 65 P.S.
403(a).
Conclusion: As discussed above, an Equipment Operator for the Pennsylvania
Department of Transportation may simultaneously serve as a member of the Lock
Haven City Council without violating the conflict of interest provisions of
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 suc,i.
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
cc: Thomas D. Larson,
Secretary
Sincerely,
ndra S stianson
General Cou el