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Dear Mr. Diefenderfer:
Mailin Address
STATE ETHICS COMMISSION
P.O. BOX 1179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
February 16, 1983
ADVICE OF COUNSEL
John Phillip Diefenderfer, Esquire
Stuckert, Yates & Krewson
One South State Street, P.O. Box 70
Newtown, Pennsylvania 18940
RE: Tax Collector, Office Secretary, School District
83 - 510
This responds to your letter of February 1, 1983, in which you requested
advice from the State Ethics Commission.
Issue: You ask whether an employee of the School District may be appointed to .
or run for the office of borough or township tax collector.
Facts: As solicitor for the Centennial School District, hereinafter, the
School District, and, we assume, with the authorization and knowledge of Mrs.
Alice Merrick, you ask whether Mrs. Merrick, a secretary at the School
District's bus garage can be appointed to or run for the office of tax
collector in the borough or township.
You indicate that Mrs. Merrick, as a secretary of the bus garage, may not
necessarily be considered to have responsibilities of a nature which would
place her within the definition of "public employee" under the Ethics Act.
However, if she is elected or appointed or serves as tax collector for Ivyland
Borough she would be considered a "public official." Her salary or
compensation as tax collector is fixed by law. You have directed the School
District to take appropriate administrative action to properly separate Mrs.
Merrick's duties as tax collector and as secretary so that her two functions
are not intermingled on School District time.
Discussion: You are correct that as a tax collector Mrs. Merrick would be
considered a "public official" subject to the provisions of the Ethics Act.
However, the Ethics Act does not contain any inherent prohibition against a
"public official" serving in the capacity as tax collector, in this case, and
as an employee of the School District. As you indicate, Mrs. Merrick's salary
as tax collector would be fixed by law and bears no legal or practical
relationship to her role as a secretary at the bus garage of the School
District.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
John Phillip Diefenderfer, Esquire
February 16, 1983
Page 2
Conclusion: The Ethics Act does not prohibit the appointment or election of a
secretary at a School District's bus garage to the position of tax collector
in the Borough in question.
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 /rdp
Si cerely,
andra S. r stianson
General Counsel