HomeMy WebLinkAbout82-600 SnyderMr. Gregory M. Snyder
Meisenhelder, Menges, Dorion & Snyder
145 East Market Street
York, PA 17401
RE: Solicitor; State Representative
Dear Mr. Snyder:
Mailing Address:
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
December 16, 1982
ADVICE OF COUNSEL
82 -600
This responds to your letter of November 16, 1982, at which time you
requested advice from the Ethics Commission with regard to your concurrent
positions of Township Solicitor and State Representative.
Issue: You ask whether or not you may serve as the Solicitor for Lower
Windsor Township concurrently with your holding the position as State
Representative to the Pennsylvania General Assembly for the 94th Legislative
District and whether or not your services as Solicitor would be curtailed by
your position as State Representative.
Facts: You currently serve as the Solicitor for Lower Windsor Township in
Your County. On November 2, 1982, you were elected State Representative to
the Pennsylvania General Assembly for the 94th Legislative District. Lower
Windsor Township is located in the 94th Legislative District. It is governed
by a three- person Board of Supervisors.
In your capacity as solicitor for the Township, you render the usual
legal services required of a township solicitor. Lower Windsor Township is
currently in the process of selecting its solicitor for the 1983 calendar year
and you would like to retain both your positions as Township Solicitor and
State Representative.
Discussion: The Ethics Act, 65 P.S. Section 401 et seq., defines public
official as any elected official in the Executive, Legislative or Judicial
Branch of the Commonwealth. 65 P.S. §402. As an elected member of the House
of Representatives of the State of Pennsylvania, you are a public official
within the meaning of the Act and thus subject to the restrictions imposed by
the Act.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Mr. Gregory M. Snyder
December 16, 1982
Page 2
These restrictions, however, do not preclude you from serving both as the
Lower Windsor Township Solicitor and as a State Representative, with several
caveats. First, you may not use your position as State Legislator, or any
confidential information derived therefrom, to obtain financial gain other
than that provided for by law for yourself, your family, or your other
employer, the Lower Windsor Township, 65 P.S. §403(a). You should also be
aware that no one may offer you anything of value based on any understanding
that your official actions would be influenced thereby. 65 P.S. §403(b).
"Anything of value" includes, for example, a promise of future or continued
employment, in your position as Township Solicitor as an influence on your
official actions.
As the Representative from the 94th District, your activities, in most
instances, would present neither a conflict nor the appearance of a conflict
of interest as between the District you serve and the Township. If as a
Representative you should be placed in a position of voting for or supporting
a matter which would inure to the specific, direct benefit of Lower Windsor
Township you might have a conflict of interest and as a public official would
have to abstain from representing the Township as its Solicitor in such a
matter so that your offical actions would neither support nor conflict with
whatever actions you might have taken as a Representative. In the
alternative, should such a unique situation arise, you could abstain from
voting as a Representative on such a matter so that it would not appear that
your private interests in serving your client were placed above the public's
interest.
Conclusion: As an elected public official, you could not use your position in
the Legislature or confidential information received as a Legislator to obtain
financial gain for yourself, your family or your client, the Lower Windsor
Township. Neither could your official actions as a Representative be affected
by the receipt of anything of value, including a promise to retain you as
Township Solicitor or augment your employment.
In the event that a conflict of interest arises between Lower Windsor
Township and your duties as a State Representative, your actions should be
guided by this advice.
Mr. Gregory M. Snyder
December 16, 1982
Page 3
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.
CW /rdp
Sincerely,
andra S. C r'stianson
General Coun el