HomeMy WebLinkAbout83-593 BrennanMr. William J. Brennan, Esquire
Butera, Beausang, Moyer & Cohen
700 Valley Forge Plaza
King of Prussia, PA 19406
Dear Mr. Brennan:
Mad ng Address
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
September 21, 1983
ADVICE OF COUNSEL
RE: Upper Providence Township, Zoning - Building Officer
83 -593
This responds to your letter of September 12, 1983, in which you
requested advice from the State Ethics Commission.
Facts: You indicate that you are solicitor for Upper Providence Township,
hereinafter the Township. A resident of the Township serves as Republican
Committeeman in the Township. This individual is also interested in becoming
employed as a Township Zoning Officer and Building Codes Enforcement Officer.
You ask whether there are any conflict of interest problems associated with
the Township's hiring of the Republican Committeeman as the Township
Code - Building Enforcement Officer.
Discussion: Initially, it should be noted that the Ethics Act within its
definitions of "public official" or "public employee" does not extend
jurisdiction to political party officials or officers such as committeemen.
Therefore, the resident, as a Republican Committeeman within the Township,
would not be subject to the jurisdiction of the Ethics Act and as such would
have no duties or obligations under said Act accept insofar as the Ethics Act
regulates the conduct of "any person." See, for example, Section 3(b) of the
Ethics Act, 65 P.S. 403(b).
However, if this individual were hired as a Zoning - Building Code
Enforcement Officer, it is reasonable to assume that he will become a "public
employee" as that term is defined in the State Ethics Act as follows:
"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:
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvan °i
Mr. William J. Brennan, Esquire
September 21, 1983
Page 2
(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 action
has an economic impact of greater than a‘de
minimus nature on the interests of any person.
"Public employee" shall not include individuals who are
employed by the State or any political subdivision thereof
in teaching as distinguished from administrative duties.
65 P.S. 402.
However, even if this individual, if hired by the Township as the
Zoning - Building Codes Enforcement Officer falls within the classification of
"public employee" and, therefore, as within the coverage of the Ethics Act,
there is no opinion of the Ethics Commission which declares that it is
inherently imcompatible or a conflict of interest for a "public employee" to
serve as a political party officer or committeeman. Thus, so long as this
person, as a public employee, observes the strictures of the Ethics Act that
may be applicable to him as such, there is no conflict of interest inherent or
set forth in the Ethics Act if this individual were to be hired by the
Township and serves as Republican Committeeman as well. This conclusion
derives from the Opinions of the Commission that indicate that a conflict of
interest arises when a public official or employee is required to serve the
interests of one or more persons. See Alfano, 80 -007. In this case, upon the
facts set forth, there is no apparent inherent adversity of the interest of
the Township and this individual as Republican Committeeman and thus, no
prohibition against the Township's employment of this individual.
Conclusion: The Ethics At does not pose any inherent restrictions against
the Township's consideration or selection of a Republican Committee man as the
Township Zoning - Building Codes Officer.
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.
Mr. William J. Brennan, Esquire
September 21, 1983
Page 3
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
Sincerely,
Sandra S. Chr tianson
General Counsel