HomeMy WebLinkAbout83-555 SwansonMr. Kenneth J. Swanson
Northern Cambria School District
600 Joseph Street
Barnesboro, Pennsylvania 15714 -1299
Dear Mr. Swanson:
Mailing Address.
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
May 27, 1983
ADVICE OF COUNSEL
RE: School Board Member; Voting; Niece
83 -555
This responds to your letter of April 20, 1983, in which you as a
Business Manager /Board Secretary for the Northern Cambria School District
requested advice from the State Ethics Commission.
Issue: You ask whether a school board member may vote to approve hiring his
niece as a life guard in an evening swim program.
Facts: At the April regular Board meeting of the Northern Cambria School
District, a motion was adopted to approve hiring eight (8) high school
students as life guards for the evening swim program. Mr. DiGirolamo, a board
member, voted affirmatively on the motion, which was approved unanimously by
the Board. One of the eight (8) students is Mr. DiGirolamo's wife's niece.
The niece is neither a minor dependent child in Mr. DiGirolamo's household,
nor is the vote an indication of financial benefit or a return of a favor.
Discussion: The Ethics Act, 65 P.S. 401 et seq. recognizes that public office
is a public trust and that the financial interest of public officials should
present neither a conflict nor the appearance of a conflict with that trust.
A school board member is a "public official" subject to the provisions of the
Ethics Act and should abide by both the spririt and letter of the Ethics Act.
See definitions, 65 P.S. 402.
Section 3(a) of the Act also states that no public official shall use his
public office to obtain financial gain for a member of his immediate family
other than that provided by law. The Ethics Act defines "immediate family" as
"a spouse residing in the person's household and minor dependent children."
While the Commisssion has extended restrictions to other close family members
such as non -minor dependent children, siblings, brothers and sisters, as to
matters before a public entity relating to same, the Commission does not have
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Mr. Kenneth J. Swanson
May 27, 1983
Page 2
any precedent which would restrict ones actions where a niece or nephew is
concerned. Thus, Mr. DiGiralamo may, consistent with the letter of the Ethics
Act and current Commission precedent, participate in selection of his niece as
one of eight (8) life guards for an evening swim program. In order to avoid
even the appearance of a conflict of interest, however, we recommend that the
relationship between Mr. DiGiralamo and his niece be disclosed and made part
of the public record on this matter.
Conclusion: While it is necessary for public officials to avoid both the
conflict and the appearance of a conflict of interest, there is no Commission
precedent to prevent Mr. DiGiralamo from voting on the approval of hiring his
niece as a life guard in the evening swim program.
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,
Sandra S. Ch i tianson
General Couns -1