HomeMy WebLinkAbout87-503 CochranSTATE ETHICS COMMISSION
308 FINANCE BUILDING
P.O. BOX 11470
HARRISBURG, PA 17108 -1470
TELEPHONE (717) 783 -1610
January 6, 1987
ADVICE OF COUNSEL
Mr. Harry Cochran
503 Vine Street
Connellsville, PA 15425
Re: City Councilmember, Participation in Matter Related to Son
Dear Mr. Cochran:
87 - 503
This responds to your letter of December 11, 1986, wherein you requested
the advice of the State Ethics Commission.
Issue: Whether a city councilmember may participate in a matter relating to
land owned by the councilmember's adult son.
Facts: You currently serve as a councilmember in the City of Connellsville,
Fayette County, Pennsylvania. You have been a member of council since August
of 1986. You advise that in September of 1985, council approved a subdivision
know as the St. Moritz Plan. This subdivision consisted of lots owned by your
son, Harry Young Cochran. You advise that you have no financial interest in
this plan and are not otherwise involved in this subdivision plan. The
council's approval of this plan was prior to your term as a city
councilmember. You receive no money or other benefit of any kind from the
sale of any lots by your son. You advise that your son is a non - dependent
adult. He does not reside in your household. You further advise that council
will now be called upon to decide whether the City of Connellsville-should
accept, for maintenance purposes, Cochran and Young Roads. These are the
roads related to your son's project. You do not indicate the current status
of the subdivision project.
Discussion: As a member of city council, you are 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.
Mr. Harry Cochran
January 6, 1987
Page 2
The 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). •
The Act further defines member of one's immediate family as follows:
Section 2. Definitions.
"Immediate family." A spouse residing in the person's
household and minor dependent children. 65 P.S. 402.
Pursuant to the above section of the State Ethics Act, your son, who is an
adult non - dependent, would not be within the definition of immediate family as
set forth above. As such, there would be no implication of this provision of
the State Ethics Act in the instant situation. You have no financial interest
in the subdivision project and, as such, the above provision of the Ethics Act
would present no prohibitions on your conduct.
We must, however, review this situation further in light of the authority
of this Commission to address other areas of possible conflicts. 65 P.S.
§403(d). The parameters of the type of activities encompassed by this
provision of law, are generally defined through a review of the scope and
intent of the State Ethics Act. Section 1 of the State Ethics Act provides as
follows:
Section 1. Purpose.
The Legislature hereby declares that public office is a
public trust and that any effort to realize personal
financial gain through public office other than
compensation provided by law is a violation of that trust.
In order to strengthen the faith and confidence of the
people of the State in their government, the Legislature
further declares that the people have a right to be
assured that the financial interests of holders of or
candidates for public office present neither a conflict
nor the appearance of a conflict with the public trust.
Because public confidence in government can best be
sustained by assuring the people of the impartiality and
honesty of public officials, this act shall be liberally
construed to promote complete disclosure. 65 P.S. 401.
r
Mr. Harry Cochran
January 6, 1987
Page 3
Generally, a conflict of interest may develop in any situation where a
public official is called upon to serve interests that are adverse. Alfano,
80 -007. This Commission has, on occasion, reviewed a number oi: situations
wherein public officials have been called to act in matters relating to
relatives who are outside of the above definition. For example, the
Commission has determined that a public official may not participate in the
employment selection process where the official's adult son is an applicant.
O'Reilly, 83 -012. Likewise in Leete, 82 -005, the Commission concluded that a
county commissioner could not sit on a salary board and vote for the salary of
her brother as director of the county planning agency. This Commission has,
in the past, reviewed a number of similar situations.• See, Ceraso, 85 -575,
(Borough councilmember may not participate in the selection of a borough
police chief where the councilmember's brother is an applicant). Based upon
all of the foregoing, past Commission precedent would appear to indicate
that you should not participate in the council's decisions regarding property
that is owned by your son. Of course, once again, we are assuming, for the
purpose of this advice, that the property in question is still owned by your
son and that the affirmative disposition of this matter would benefit him
financially.
Conclusion: Consistent with the past opinions of this Commission and the
provisions of the State Ethics Act which permit the Commission to address
other areas of possible conflicts of intersts, you should not participate in a
city council's consideration of a matter that relates to property owned by
your son.
Pursuarc 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 ether 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 let`er is a public record and will be made availabld as such.
Finally, if you disagree with this Advice or if you have 'ny 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.
ohn J. ..ntino
Gene . Counsel