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