HomeMy WebLinkAbout83-505 CumberledgeCharles Cumberledge
Chairman
Union Township Supervisors
1910 Wilson Drive
New Castle, PA 16101
RE: Bank Employee, Authority Member
Dear Mr. Cumberledge:
Mailing Address:
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
January 20, 1983
ADVICE OF COUNSEL
83 -505
This responds to your letter of January 11, 1983, in which you requested
advice from the State Ethics Commission.
Issue: You ask whether the Supervisors of South Union Township, hereinafter
the Township, can appoint a certain person to serve as a board member of the
Union Sewer and Disposal Authority, hereinafter the Authority.
Facts: The Board of Supervisors of the Township are contemplating appointing
a person to the board of the Authority. The person being considered for such
appointment is an employee of a bank, a branch of which serves as the
Authority's depository. The Supervisors are concerned that their action in
appointing such person may contravene the requirements of the Ethics Act.
Discussion: As elected public officials the Supervisors of the Township are
"public officials" within the meaning of that term as set forth in the Ethics
Act. As such, their conduct must conform to the requirements of the Ethics
Act. The Ethics Act does not preclude the Supervisors from taking the action
of appointing an employee of the bank of the Authority's depository as a
member of the Authority. The Act does not contain any prohibition against
such an action by the Supervisors. Indeed, the Ethics Act does not prohibit,
per se, the employee of the bank from holding the post as a member of the
hoard of the Authority. This response assumes that the Supervisors' votes are
not influenced by the fact the potential appointee is an employee of the Bank.
See Section 3(h) of the Ethics Act. 65 P.S. 403(b).
Once the hank employee is appointed as a member of the Authority there
would be some question as to whether or not he would be serving as a "public
official" as that term is defined in the Ethics Act. If the bank employee, as
a member of the Authority is unpaid he may not be considered to be and would
not, at the present time, he considered to be a "public official" as that term
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Charles Cumberledge
January 20, 1983
Page 2
is currently interpreted by the Ethics Commission. If the bank employee who
is appointed as a board member wishes, however, to question whether he has any
duties or obligations under the Ethics Act (such as voting to appoint a
depository for the Authority) as a member of the Authority's Board, he should
feel free to write to us. This Advice is limited to responding to the duties
of the Supervisors, as you can request.
Conclusion: The Ethics Act does not prohibit the action of the Supervisors of
the Township to appoint the bank employee to the board of the Authority as
described above.
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.
SSC /na
Sincerely,
andra S. Chris anson
General Counsel