HomeMy WebLinkAbout82-549 GalloMr. Robert C. Gallo
Gallo and Weiner
Suite 600
100 Wood Street Building
Pittsburgh, PA 15222
Dear Mr. Gallo:
Mailing Address:
STATE ETHICS COMMISSION
P.O. BOX 1179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
May 28, 1982
ADVICE OF COUNSEL
RE: Township Planning Commission - Appointee Sells Real Estate in Township
82 -549
This responds to your letter of April 29, 1982 in which you, as solicitor
for Hampton Township, requested advice from the State Ethics Commission.
Issue: Is the appointment of a real estate sales person, who sells real
estate in the Township, to a position on the Planning Commission, an inherent
conflict of interest in violation of the Ethics Act?
Facts: You write the Ethics Commission in your capacity as solicitor for
Hampton Township in Allegheny County. The Council asks whether it may appoint
to the Planning Commission and individual who presently sells real estate in
the Township.
Discussion: Assuming that a member of a Township Planning Commission is a
public official subject to the provisions of the Ethics Act, 65 P. S. §401 et
seq, Section 3(a) of the Act requires that no public official shall use his
public office or any confidential information received through his holding
public office to obtain financial gain other than compensation provided by law
for himself, a member of his immediate family, or a business with which he is
associated. 65 P.S. 403(a).
Additionally, Section 1 of the Act states that the overriding purpose of
the Act, strengthening the faith and confidence of the people of the State in
their government, can best be achieved by assuring the people that the
financial interests of holders of or candidates for public office present
neither a conflict nor the appearance of a conflict with the public trust. 65
P.S. §401.
Applying these provisions to the instant situation, it appears that there
is no inherent conflict if a person should accept appointment to the Hampton
Township Planning Commission, even though he or she presently sells real
estate in the township, provided that certain guidelines are followed. To
avoid even the appearance of a conflict of interest, the appointee should
abstain from participation on the Commission with respect to any matter before
the Planning Commission in which he or she is directly involved as a real
estate salesperson. Coughlin, 79 -063.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Mr. Robert C. Gallo
May 28, 1982
Page 2
Similarly, the appointee may not use his or her position on the
Commission or any confidential information received therefrom to obtain
financial gain for himself, his family or his business. Of course, the
appointee may engage in real estate sales activities vis -a -vis real estate not
located within the Township without regard to the above - mentioned abstention
requirement. Norris, 80 -053.
In addition, if the appointee knows at the time of an official v e that
he will be asked to work for the person /entity who will be affected by the
vote, he should refrain from such vote, discussions, etc. He should place the
reasons for abstention on the record. See Sowers, 80 -050 regarding reaeariu' le
expectation of employment and Rudnitsky, 81 -525.
Conclusion: A real estate salesperson, who deals with land situated in
Hampton Township, may accept appointment to the Hampton Township Planning
Commission. He or she must, however, follow the advice mentioned in the a')ove
discussion, and refrain from participating it any Commission decision that
would affect a piece of realty in which he had or could reasonably anticipate
having a business interest.
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 requcstor has
disclosed truthfully all the material facts and committed tie alts 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 ti'c's Advice.
A personal appearance before the Commission may be scheduled and z 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.
Sincerely,
BF/rdp
Sandra S. Chyistianson
General Coutrsel