HomeMy WebLinkAbout82-572 MillerDear Dr. Miller:
Mailing Address:
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
September 8, 1982
ADVICE OF COUNSEL
Dr. Reuben E. V. Miller, Jr., Secretary
State Dental Council and Examining Board
Bureau of Professional & Occupational Affairs
c/o 503 First National Bank Building
Easton, PA 18042
RE: Spouse of Council Member Serving on the Same Council
82 -572
This is response to your letter of August 3, 1982 in which you, as
Secreatry of the State Dental Council and Examining Board, requested an
advisory opinion from the State Ethics Commission.
Issue: In light of the Ethics Act, does any conflict of interest exist or
appear to exist when two members of the same family -- husband and
wife -- serve on the same board?
Facts: You are currently Secretary of the State Dental Council and Examining
Board where you are completing your sixth year of a six -year term. Your wife,
Nancy R. Miller, currently serves as the dental hygienist member of the Board.
You are a nominee for re- appointment to the Board, and are concerned that
there may be either a conflict of interest or the appearance of a conflict of
interest if you accept re- appointment to the Board while your wife also serves
on it. We assume your wife would play no role in the process by which you
might be re- appointed.
Discussion: The Ethics Act, 65 P.S. 401 et seq., recognizes that public
office is a public trust and that the financial interests of public officials
should present neither a conflict nor the appearance of a conflict with the
public trust. A State Dental Council and Examining Board member, as an
appointed official, is a "public official" subject to the provisions of the
Ethics Act. See definitions, 65 P.S. 402.
Section 3(a) of the Act also states that no public official shall use his
public office to obtain financial gain for a member of his immediate family
other than that provided by law. The Ethics Act defines "immediate family" to
include spouse. See 65 P.S. 402 and 51 Pa. Code 1.1.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Dr. Reuben E. V. Miller, Jr.
September 8, 1982
Page 2
The Ethics Act does not, however, preclude spouses serving the same
public trust. There is no per se prohibition on a spouse serving on the same
Board as his wife. According to the discussion of the Ethics Commission in
Alfano, 80 -007, a conflict of interests exists where an individual represents
two or more persons with interests adverse to each other. You and your wife,
as members of the same board, do not have interests adverse to each other.
Such service would not be adverse to the public's interest per se.
Conclusion: There is no conflict of interest where spouses serve on the same
board, in this case, the State Dental Council and Examining Board, which would
preclude you accepting re- appointment to the Board.
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 will be scheduled and a formal
Opinion from the Commission will be issued. Any such appeal must be made, in
writing, to the Commission within 15 days of service of this Advice pursuant
to 51 Pa. Code 2.12.
Sincerely,
ra .
General Coun
CW /rdp
cc: Stanley Miller, Commissioner
Bureau of Professional and Occupational Affairs
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