HomeMy WebLinkAbout86-605 WimerDan P. Wimer, Esquire
City Building
City of New Castle, PA 16101
State Ethics Commission
303 Finance Building
P. 0. Box 11470
Harrisburg, Pa. 17103 -1470
September 23, 1986
ADVICE OF COUNSEL
86 - 605
Re: Conflict of Interest, City Councilmember Voting on Matter Relating to
Member of School Roard by which he is Employed
Dear Mr. Wimer:
This responds to your letter of September 2, 1986, wherein you requested
the advice of the State Ethics Commission.
Issue: Whether a conflict of interest is presented in a situation where a
city councilmember is called upon to review and consider a matter relating to
a member of a school board by which the councilmember is employed.
Facts: As Solicitor for the City of New Castle you have requested the advice
of the State Ethics Commission regarding the above issue. You have advised
that the president of city council, in New Castle, is employed by the New
Castle Area School District as a teacher. Earlier this year, this individual
was also employed in the position as a part -time administrator for the school
district. Recently, he was named as a full -time administrator and principal
at a New Castle Area School. The New Castle Area School is governed by a
hoard of school directors. The president of the board of school directors has
requested, from city council as a private entrepreneur, a low interest loan
through the city's community development program. The proceeds of the loan
would be used to purchase a local tavern. The president of city council, who
is also-the teacher /principal, will be a member of the council that reviews
and considers the loan request of the member of the school hoard. You seek
the advice of the Commission as to whether this situation presents a conflict
of interest within the purview of the State Ethics Act.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Dan P. Wimer, Esquire
Septemher 23, 1986
Page 2
Discussion: As a member of city council, the individual involved in this
situation is clearly a public official as that term is defined in the State
Ethics Act. As such, his conduct must conform to the requirements of that
_law. 65 P.S. 4402; Boyle, 80 -020. This Commission, on several occasions, has
reviewed situations where public officials have been called upon to consider
matters that are presented to them in their public position in relation to
individuals with whom they are associated in another public position. In
Welz, 86 -001, the Commission concluded that a township supervisor could not
participate in certain matters presented to the township by a county hoard of
commissioners when the township supervisor had an ongoing contractural
relationship with the county board of commissioners. Similarly, in Bassi,
86 -007, the Commission determined that if a member of a municipal authority
could not participate in the authority's award of a lease to an individual who
also served as a county commissioner under the circumstances where the
authority member was also a county employee answerable to the county
commissioner who owned the property that would be leased. The Commission's
decision in these matters were primarily based upon the intent and spirit of
the State Ethics Act as set forth,in Section 1 of that law as well as Section
403(d) of the State Ethics Act, which allows the Commission to address other
areas of possible conflict. 65 P.S. 4401; Section 403(d). Generally, the
Ethics Act was promulgated to insure that the financial interest of public
officials do not present a conflict of interest with the public trust. In the
previously cited decisions, the Commission reasoned that in situations such as
the one presented herein, the public official who is considering voting on the
matter, would be participating in a matter directly relating to one of the
individuals who employs him. Even though the employer is a member of another
governmental body, the Commission has held, that a public official may not
vote or participate in a matter if it somehow relates to a financial interest
which he may have. In the instant situation, the president of city council
would be called upon to determine and consider the request for a low interest
loan for the president of the school hoard. The president of the school board
is one of the individuals who currently is responsible for hiring and
promoting the member of city council in relation to his position with the
school district. As a result, the member of city council should abstain from
participating in any matter relating to this particular situation. His
abstention, in this matter, should be publicly noted and appropriately
recorded in council minutes. The reasons for his abstention should also be
noted. If the above conditions are met, then the Ethics Act would place no
other prohibition upon the completion of this particular transaction.
Conclusion: A city councilmemher, who is also an employee of a school
district, may not participate in the consideration or decision of city council
in relation to the granting of a low interest loan to an individual who is a
member of the school board that employs the city councilmemher. His
abstention in this matter, along with the reasons, therefore, should be
publicly noted and recorded.
Dan P. Wimer, Esquire
September 23, 1986
Page 3
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.
JJC /sfd
Sincer
n J. Co
General . nsel