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HomeMy WebLinkAbout86-565 BeigayDear Mr. Beigay: STATE ETHICS COMMISSION 308 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 May 28, 1986 Mr. Bradford G. Beigay, Executive Director Camhria County Planning Commission Courthouse Annex Ebensburg, Pennsylvania 15931 86 - 565 Re: Simultaneous Service, Employee County Planning Commission, Memher Township Planning Commission This responds to your letter of April 11, 1986, wherein you requested the advice of the State Ethics Commission. Issue: Whether you may simultaneously serve as the Executive Director of the Cambria County Planning Commission and as a member of the Upper Yoder Township Planning Commission. Facts: You advise that you currently serve as the Executive Director of the Camhria County Planning Commission. Recently, you have been asked to serve on the Upper Yoder Township Local Planning Commission. You have requested the advice of the State Ethics Commission in relation to this simultaneous service. In relation to your position with the Cambria County Planning Commission, you are responsible for the day -to -day activities of the commission's operation. Generally, you are responsible for all office administration, staff supervision and overall staff coordination. You are responsible for community development grant preparation and management as well as program preparation in the comprehensive planning and transportation divisions of the commission. You are responsible for budget submission requests and maintaining an adequate cash flow within the organization. In addition to the foregoing, you assist the county commissioners as well as other municipal officials in researching and preparing documentation for special projects. In addition to the foregoing, you are involved in the preparation and documentation of the following specific areas; municipal comprehensive plans, municipal zoning ordinances and their amendments, municipal suhdivision ordinances and their amendments, area wide project reviews, adjacent county coordination and advisory service to local municipalities. Mr. Bradford G. Beigay May 28, 1986 Page 2 We have also reviewed the general powers and duties of the local planning commissions as set forth in the Pennsylvania Municipalities Planning Code. 53 P.S. §101 et seq. Generally, in your capacity on the Upper Yoder Township Planning Commission, you will be responsible for assisting in the preparation of the comprehensive plan for the development of the township and in the preparation and presentation of the municipal zoning ordinances enacted by the township. You will be involved i n preparing , recommending and administering subdivision and land development and plan residential development regulations. Various other powers are also accorded to the municipal planning agency. 53 P.S. §10209.1. It is also noted that the municipal planning agency may, with the consent of the governing body, accept and utilize any funds, personnel or other assistance made available by the county, the Commonwealth, or the Federal Government. Discussion: As the Executive Director of the Cambria County Planning Commission, you are clearly a public employee as that term is defined within the State Ethics Act. 65 P.S. §402. As such, your conduct must conform to the requirements of the Act. Generally, the State Ethics Act provides as follows: Section 3. Restricted activities. (a) No public official or public employee shall use his public office or any confidential information received through his holding public office to obtain financial gain other than compensation provided by law for himself, a member of his immediate family, or a business with which he is associated. 65 P.S. 403(a). In addition to the above, the State Ethics Commission may also address other areas of possible conflict. 65 P.S. §403(d). The parameters of the activities encompassed by this provision of law may generally be determined by reviewing the purpose and intent of the Act as set forth in the preamble thereto. 65 P.S. §401. Generally, the State Ethics Act provides that the conduct of their public officials should not present a conflict of interest with the public trust. Such a conflict may be developed when an individual who serves in a public position attempts to serve one or more interests that are adverse. See, Alfano, 80 -007. In the instant situation, while the State Ethics Act places no per se prohibition upon your simultaneous service as Executive Director of the Cambria County Planning Commission and as a member of the Upper Yoder Township Planning Commission, you are advised that in certain situations your abstention in matters may be required. For example, it is noted that as Executive Director of the Cambria County Planning Commission, you have specific duties in relation to local municipal Mr. Bradford G. Beigay May 28, 1986 Page 3 governments. If, in your capacity as Executive Director, you are called upon to take or participate in any action that relates to a review of matters involving Upper Yoder Township, you must abstain from participation therein. This is so because, as the Executive Director of the Cambria County Planning Commission, you are obliged to act in the best interest of that governmental body and in the best interest of the county generally. In your position with Upper Yoder Township, you will be developing recommendations that you believe would be in the best interest of the citizens of that township. There are times when such interests may be adverse and, therefore, your abstention is required. In addition to the foregoing, it is clear that as the Executive Director, if you were to review such a matter you would be, in effect, reviewing your own work and proposals as a member of the Upper Yoder Township Planning Commission. Thus, your abstention would be completely required in situations involving this township. In addition to the foregoing, your abstention should be publicly noted and recorded in appropriate files or mi nutes. Similarly, it is advised that in order to avoid any conflict of interest, you should not, as a member of the Upper Yoder Township Planning Commission, be the representative of that governmental body before the Cambria County Planning Commission. Such a lead role should be played by other members of the planning commission. In this way, it will not be perceived as though you are using your position as Executive Director of the Cambria County Planning Commission in order to obtain some special advantage or privilege for the Upper Yoder Township Planning Commission. While we cannot, at this time, envision all possible conflicting situations, you are advised that in the event a situation arises, which you believe creates a conflict of interest, you are advised to abstain from participating therein. You may also, at any point in time, seek the further advice of this Commission in relation to your simultaneous service and in relation to specific situations. Conclusion: The State Ethics Act presents no per se prohibition upon the simultaneous service as the Executive Director of a county planning commission and a member of a township planning commission. You 'must, however, abstain from participating in any matter that would involve a review of your own work or that would otherwise involve the other agency in which you serve. Such abstention should be publicly stated and appropriately recorded. 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 i n any other civil or criminal proceedi ng, providing the requestor has di sclosed truthfully al 1 the material facts and committed the acts complai ned of in reliance on the Advice given. This letter is a public record and will be made available as such. Mr. Bradford G. Beigay May 28, 1986 Page 4 Finally, i f 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. Si ely, John .. Conti no General Counsel