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HomeMy WebLinkAbout83-548 WilkinsonMr. Sam Wilkinson c/o Findlay Township Drawer W. Clinton, PA 15026 Mailing Address. STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPIjONE: (717) 783 -1610 May 23, 1983 ADVICE OF COUNSEL 83 -548 RE: Conflict of Interests; Building Inspector; Candidate for School Director Dear Mr. Wilkinson: This responds to your letter of April 4, 1983, in which you requested advice from the State Ethics Commission. Issue: You ask whether you, as the zoning enforcement officer and building inspector for the Township of Findlay, may also hold the elected position of school director of the West Allegheny School District in light of the fact that Findlay Township is one of three municipalities located within the School District. Facts: You currently serve as zoning enforcement officer and building inspector for Findlay Township. You are currently a candidate for School Director in West Allegheny School District. Findlay Township is one of three municipalities located within the School District. Discussion: Initially, the Ethics Commission notes that its jurisdiction and power are strictly limited to the authority granted in 65 P.S. 401 et. seq. Thus, it has no authority to interpret and /or enforce the provisions of other codes, for example, Act 247, and this Advice should not be construed as "clearance" to act under other Commonwealth laws. as: The Ethics Act, 65 P.S. Section 401 et. seq. defines "public official" "Public official." Any elected or appointed official in the Executive, Legislative or Judicial Branch of the State or any political subdivision thereof, provided that it shall not include members of advisory boards that have no State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Mr. Sam Wilkinson May 23, 1983 Page 2 authority to expend public funds other than reimbursement for personal expense, or to otherwise exercise the power of the State or any political subdivision thereof. "Public official" shall not include any appointed official who receives no compensation other than reimbursement for actual expenses. Id., Section 402. Further, the Ethics Act defines "public employee" as: "Public employee." Any individual employed by the Commonwealth or a political subdivision who is responsible for taking or recommending official action of a nonministerial nature with regard to: (1) contracting or procurement; (2) administering or monitoring grants or subsidies; 3 planning or zoning; 4 inspecting, licensing, regulating or auditing any person; or- (5) any other activity where the official actions has an economic impact of greater than a de minimus nature on the interests of any person. "Public employee" shall not include individuals who ape employed by the State or any political subdivision thereof in teaching as distinguished from administrative duties. As a zoning enforcement officer and building inspector you are a public employee and if you are successful in your bid for office as a school director, you would be a public official. Thus, in any event you must conform your conduct to the dictates of the Act. The Ethics Act does not contain any per se prohibition against simultaneous service of an individual as an elected official and as a zoning enforcement officer and building inspector. However, the Act does require that the conduct of a public employee or official must neither give rise to a conflict of interest nor the appearance of a conflict of interest with the public trust. Accordingly, your conduct should conform to these requirements. See Section 1 of the Ethics Act, 65 P.S. 401. Specifically, with reference to Sections 3(a) and 3(b) of the Ethics Act, 65 P.S. Section 403(a) and (b) respectively, you must not use either your public employment or office for the purpose of obtaining financial gain other than the compensation allowed by law for those jobs or offices. Likewise, as either school director or zoning enforcement officer and building inspector, you could not accept any thing of value, including the promise of future employment on the understanding that your official conduct in either position or job will be influenced thereby. Mr. Sam Wilkinson May Z, 1983 Page 3 In addition, in order to avoid the appearance of any violation of the public trust as required by Section 1 of the Ethics Act, you, as zoning enforcement officer and building inspector, must abstain from any action that would either benefit or hurt the School District if you were elected as a School Director. Likewise, as School Director, you must abstain from any activity that may benefit you in your capacity as zoning enforcement officer and building inspector for the Township of Findlay. Conclusion: The Ethics Act imposes no per se prohibition on your holding offices of zoning enforcement officer and building inspector and School Director simultaneously, so long as you conform your conduct in these positions to the guidelines discussed 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. CW /rdp Sincerely, dra S. Chris i ianson General Counse