HomeMy WebLinkAbout86-586 TruittEdwin J. Truitt
1219 Blythe Avenue
Drexel Hill, PA 19026
Dear Mr. Truitt:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
P.O. BOX 11470
HARRISBURG, PA 17108 -1470
TELEPHONE (717) 783 -1610
July 24, 1986
ADVICE OF COUNSEL
86 - 586
RE: Public Official Business Card, Listing of Telephone Number of One's
Public Position on Card Relating to Second Public Position
This responds to your letter of May 19, 1986, wherein you requested the
advice of the State Ethics Commission.
Issue: Whether a township councilmember may list the telephone number of his
county office on a business card relating to his township office.
Facts: You advise that you are currently serving as a member of township
council for Upper Darby Township, a Home Rule Charter Community. In this
capacity you are a member of the governing body of Upper Darby- Township and
are responsible, along with other councilmembers, for the overall affairs of
the township. 53 P.S. §1 -513.
In addition to serving as a township councilmember, you are also employed
by Delaware County as the Director of Emergency Communications and Civil
Defense. You have advised that as a member of Upper Darby Council, you have
had printed a business card bearing your name and the title you hold for the
Township of Upper Darby. On this husiness card you also list two telephone
numbers as contact points in your position as township councilman. These
numbers are your home telephone number and your telephone number at your
county held office. You have requested the advice of the State Ethics
Commission as to whether there are any prohibitions placed upon you within the
purview of the State Ethics Act, regarding the use of your county office as a
contact point on your township councilman business card.
Discussion: As a member of township council in Upper Darby, you are clearly a
public official as that term is defined in the State Ethics Act. 65 P.S.
5402. As such, your conduct must conform to the requirements of that law.
Sowers, 80 -050; Welz, 86 -001. For the purpose of this advice, we will also
assume that in your position of employment as the Director of Emergency
Communications and Civil Defense for Delaware County, you are similarly in a
position of public employment within the purview of the State Ethics Act.
Generally, the State Ethics Act provides as follows:
Edwin J. Truitt
July 24, 1986
Page 2
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 provision of law, the State Ethics Act also
authorizes the Commission to address other areas of possible conflict. 65
P.S. §403(d). Generally, the parameters of the activities encompassed by this
provision of law are generally defined and determined in light of the purpose
and intent of the Ethics Act. The Ethics Act was promulgated in order to
insure the public that the interests of their public officials and public
employees do not conflict with the public trust. 65 P.S. §401.
In the instant situation, it is clear that you are serving in two public
positions simultaneously. This type of simultaneous service is not prohibited
by the State Ethics Act but the Commission is authorized to address potential
conflicts of interest that could arise from such simultaneous service. The
Township of Upper Darby and the County of Delaware are clearly separate and
distinct municipal bodies. As a member of the Upper Darby Township Council,
you are responsible for serving the individuals who have elected you to the
position of township council. Your activities, in this respect, are to be
exercised in the best interest of the township. On the other hand, as a
county employee, your duties and responsibilities are not to the township but
rather to Delaware County. In this respect, it is arguable that by using your
county telephone office as a contact for township related activities, you are,
in fact, using your public position with the county to benefit yourself in
your township position. It is equally arguable, however, that by serving in
two particular public positions which do not inherently conflict, you are
making yourself more accessible to the general public. However, your business
card makes no reference to your position as the Director of Emergency
Communications and Civil Defense in the county. Rather, you are using your
county telephone number, as a contact point for township related affairs. Of
course, we are assuming for the purpoes of this advice, that your use of the
county office for a contact point on township related business is not
benefitting you personnally in any way. Because of this, we do not find that
there is an inherent violation of Section 403(a) of the State Ethics Act
occasioned by the dual listings as set forth on your business cards.
We hasten to point out, however, that this Commission has previously
ruled that the use of a public official's office telephone number as a contact
point for personal activities would be a direct violation of the State Ethics
Act. See, Fee, 86 -542; Street, 81 -005; Dorance, 456. Thus, if the contacts
that are being made at your county office are clearly for personal purposes,
Edwin J. Truitt
July 24, 1986
Page 3
then a violation of the Ethics Act would occur. For example, if you were to
use your county office as a contact point to advance your own interests in the
township, either for election purposes or similar reasons, then the Ethics Act
restrictions would be implicated.
We specifically note that we are not addressing the issue as to whether
it is a prudent use of county resources to use your county telephone number as
a contact point for township business. This is an area which is better left
to the discretion of the officials of Delaware County. We are, however,
pointing out that a wide distribution of your business card on township
business or in relation to political matters could occasion serious Ethics Act
restrictions and it may be the better practice, in this situation, to have
printed separate business cards relating to your individual public positions.
Conclusion: While the Ethics Act places no per se prohibition upon a public
official serving in a county position of employment from listing his telephone
number on a business card relating to his township public position, serious
Ethics Act restrictions may develop in the event that the contact made at the
county office of employment relates to or in any way affects the employee in a
personal manner. This Commission cannot address the issue of whether the use
of county related offices and equipment in order to advance the business of a
township located within the county is a prudent use of county funds.
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.
S
o n J. ont no
Gen--. Counsel