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Home My WebLink About86-636 CoarMr. Edward J. Coar R.D. #2, Box 730 Honesdale, PA 18431 Dear Mr. Coar: Mailing Address: STATE ETHICS COMMISSION P.O. Box 11470 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 December 16, 1986 ADVICE OF COUNSEL 86 -636 Re: Simultaneous Service, Township Tax Collector, Member, Township Planning Commission This responds to your letter of November 17, 1986, wherein you requested the advice of the State Ethics Commission. Issue: Whether the State Ethics Act presents any prohibition upon a township tax collector simultaneously serving as a member of the township's planning commission. Facts: You advise that you presently serve as the tax collector for Cherry Ridge Township, Wayne County, Pennsylvania. You also advise that the township board of supervisors have requested that you serve on the township planning commission. You have requested the advice of the State Ethics Commission as to whether the State Ethics Act would present any prohibitions upon such simultaneous service. Discussion: As a township tax collector, you are clearly a public official as that term is defined in the State Ethics Act. As such, your conduct must conform to the requirements thereof. 65 P.S. §402; Domalakes, 85 -010. Generally, the State Ethics Act does not present any per se or absolute prohibition upon a public official or public employee simultaneously serving in another position of public employment. The Ethics Act does, however, provide 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). State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Mr. Edward J. Coar December 16, 1986 Page 2 Within the above provision of law, you may not use your position, as a tax collector or any confidential information obtained therein, in order to benefit yourself in your position as a planning commission member. As such, you could not use the office facilities or other benefits of your tax collector's position in order to benefit yourself as a member of the township planning commission. This is so, even though you will be serving in another position of public service. Within the above provision of law, this Commission has also determined that if a particular compensation or financial gain is prohibited by law, then a public official, who uses his position to obtain that prohibited gain, would also be in violation of Section 3(a) of the State Ethics Act. Blumling, No. 388, Allen, 86 -518. In this respect, it is incumbent upon the Commission to review other codes in order to determine if the financial gain, obtained by the public official, is prohibited by law. In this respect, it is interesting to note that the Municipalities Planning Code provides as follows in relation to members of municipal planning commissions. If the governing body of any municipality shall elect to create a planning commission, such commission shall have not less than three nor more than nine members. All members of the commission shall serve without compensation, but may be reimbursed for necessary and reasonable expenses. However, elected or appointed officers or employes of the municipality shall not, by reason of membership thereon, forfeit the right to exercise the powers, perform the duties or receive the compensations of the municipal offices held by them during such membership. 53 P.S. §10202 All of the members of the planning commission shall be residents of the municipality. On all planning commissions appointed pursuant to this act, a certain number of the members, designated as citizen members shall not be officers or employes of the municipality. On a commission of three members at least two shall be citizen members. On a commission of four or five members at least three shall be citizen members. On a commission of either six or seven members at least five shall be citizen members, and on commissions of either eight or nine members at least six shall be citizen members. 53 P.S. §10205 Mr. Edward J. Coar December 16, 1986 Page 3 In this respect, it appears clear from the foregoing provisions of the code, that it is envisioned that some of the members of a planning commission will be officers or employees of the municipality in which the planning commission serves. As such, there does not appear to be any prohibition contained in this particular code. Likewise, the Second Class Township Code allows township supervisors to serve on planning commissions in the township. See, 53 P.S. §65410(b). Similarly, the Second Class Township Code does not appear to prohibit a tax collector from serving in such a position. Thus, there would appear to be no prohibition in the aforementioned codes and, as a result, there would appear to be no prohibited financial gain in which could be obtained by you as a result of such simultaneous service. In addition to the foregoing, we note that the State Ethics Act allows this Commission to address other areas of possible conflicts of interests. 65 P.S. §403(d). The parameters of types of activities encompassed by this particular provision of law, generally, are determined through a review of the intent and scope of the State Ethics Act. Generally, the State Ethics Act was promulgated in order to insure the public that the interest of their officials do not conflict with the public trust. 65 P.S. §401. In this respect, while this Commission cannot envision every potential conflict of interest that may arise in a given situation, you are advised that the further advice of this Commission should be sought in the event that a conflict of interest develops. As a township tax collector, you, of course, are responsible for effectuating the duties of that office. These duties naturally include the collection of all taxes as set forth in the Second Class Township Code, 53 P.S. §65570 and the local Tax Collection Enabling Law, 72 P.S. §5511.1 et. seq. In the event that a conflict of interest should develop, therefore, between your duties as a member of the planning commission and as a township tax collector, you are requested to seek the further advice of this Commission in relation to such situations. Conclusion: Generally, the State Ethics Act presents no per se prohibition upon your simultaneous service as a township tax collector and a member of a township planning commission. As a public official, your conduct must conform to the requirements of the State Ethics Act as set forth above. 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. Mr. Edward J. Coar December 16, 1986 Page 4 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. Si ncerely, ohn J. General nsel