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HomeMy WebLinkAbout82-587 WagnerP. Richard Wagner Mancke, Lightman & Wagner Suite 1300 Payne- Shoemaker Building P.O. Box, 1082 Harrisburg, PA 17108 -1082 Mailing Address: STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 November 19, 1982 ADVICE OF COUNSEL RE: Dual Offices; DER; Planning Commission Dear Mr. Wagner: This responds to your letter of August 20, 1982, in which you requested advice from the State Ethics Commission. Issue: You request advice as to whether a State employee may sit on the Planning Commission of Penn Township. Facts: A citizen of Penn Township who is a State employee employed as a Solid Waste Specialist with the Department of Environmental Resources (DER) is interested in sitting on the Planning Commission of Penn Township. The Planning Commission is a recommending body only, with neither budget nor spending authority. It's members are appointed and we assume unpaid, except for expenses. Discussion: The Ethics Act does not prohibit a State Solid Waste Specialist from serving on the Planning Commission of Penn Township, especially where that body has neither budget nor spending authority. A conflict of interest would exist only where an individual represents two or more persons whose interest is adverse to each other, unlike this particular situation. See Alfano, 80 -007. However, you should be advised that a public employee cannot use his public employment or confidential information gained in that employment for personal financial gain. 65 P.S. 403(a). To avoid the appearance of a conflict of interest, the public employee should disqualify himself if, as a Solid Waste Specialist he is called upon to approve or disapprove any plan, matter or other item that he helped to prepare or reviewed as a member of the Penn Township Planning Commission. The reverse is equally true. If as a Planning Commission member he is called upon to address a specific question, matter, plan, etc., whch he had prepared /reviewed as a DER employee, he should abstain from participation, including voting on that item as a Planning Commission member. The reason for abstension must be placed on the public record. State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania 82 -587 P. Richard Wagner November 19, 1982 Page 2 Conclusion: The Ethics Act allows a Solid Waste Specialist to serve as a member of the Penn Township Planning Commission provided that he does not use his public employment or confidential information gained in public employment to obtain personal financial gain. 65 P.S. 403(a). If, as a Solid Waste Specialist, he is called upon to approve a plan formulated by the Planning Commission, he should disqualify himself from considering the plan to avoid the appearance of a conflict of interest. The reverse, as set forth above is also required. 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 requester 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 an dsa fo in Opinion from the Commission will be issued. Any such appeal writing, to the Commission within 15 days of service of this Advice pursuant to 51 Pa. Code 2.12. KW /rdp Sincerely, S 'ndra S. Chri 'ianson General Couns