HomeMy WebLinkAbout83-545 DredgeMr. Brian E. Dredge
843 N. Clewall Street
Fountain Hill, PA 18015
Mad n Address
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
May 23, 1983
ADVICE OF COUNSEL
RE: Plumbing Inspector; Inspecting of Work
Dear Mr. Dredge:
83 -545
This responds to your letter of March 29, 1983, in which you requested
advice from the State Ethics Commission.
Issue: You ask whether you, as plumbing inspector for the Borough of Fountain
Hill, may continue to do private work within the Borough, and whether you may
inspect your own work.
Facts: You are the plumbing inspector for the Borough of Fountain Hill, which
is a part -time position that you hold in addition to your regular plumbing
contracting work. You are concerned that whether your position as plumbing
inspector precludes you from doing private work within the Borough, and you
ask whether it is necessary to hire another plumbing inspector to inspect your
work.
Discussion: A plumbing inspector is a public employee within the definition
of the Ethics Act, which defines a public employee as "any individual employed
by ... a political subdivision who is responsible for taking or recommending
official action of a non - ministerial nature with regard to ... (4)
inspecting." 65 P.S. 402.
You should be aware that under the Ethics Act, no public official/
employee may use his public office or any confidential information received
through the holding of public office to obtain financial gain for himself
other than compensation provided by law. 65 P.S. 403(a). Also, the Act
prohibits a public official from accepting any thing of value, including the
promise of future employment for himself or his business based on the
understanding that the official's conduct would be influenced thereby. See 65
P.S. 403(b). Thus, in order to comply with Section 3(a) and (b) and to avoid
any appearance of any conflict of interest as required by Section 1 of the
Ethics Act, you as the Borough plumbing inspector, may not: (1) use your
position or confidential information gained through holding your position to
secure private plumbing employment for yourself or your business; (2) accept
any thing of value to influence your conduct as plumbing inspector.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Mr. Brian E. Dredge
May 23, 1983
Page 2
In regard to inspections, in capacity as plumbing inspector, you may
not inspect any work that you have performed in your capacity as a plumbing
contractor, whether the work was for a private or a public entity. Sowers,
80 -050. This does not mean, however, that you are precluded from doing
plumbing contracts within the Borough as long as you do not also inspect your
own work in yotr capacity as plumbing inspector.
In Sowers th.: State Ethics Commission also addressed the question of
whether an official could sub- contract with a developer whose plans had been
subject to the offical's review for approval. The Commission concluded that
the official must, in addition to (1) and (2) above, take certain precautions,
which applied to your situation would require that you: (3) refrain from
inspecting work or plans where you will seek, have been asked or can
reasonably and legitimately anticipate being asked to perform work for the
person's/plans subject to your review and inspection; (4) refrain from
inspecting and exercising your judgment on matters related to a
developer /plans /etc., from whom you obtain /secure work where you as inspector
may be asked to pass on these matters which arise after you have
obtained /secured such work ' a -(5) make public your relationship with the person
or acquired with the person and the reasons for your abstention or inability
to inspect as required by (3) and (4) immediately above.
Conclusion: As a plumbing inspector, you are a public employee subject to the
restrictions of the Ethics Act. As long as you conform your conduct to the
considerations discussed above as (1) and (2), and so long as you refrain from
inspecting your own work and apply these restrictions eri situtations (3) and
(4) above as well, there is no prohibition upon your holding the position of
plumbing inspector and continuing to perform your full -time private plumbing
duties in the Borough.
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.
Mr. Brian E. nredge
May 23, 1983
Page 3
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. Chr tianson
General Coun el