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HomeMy WebLinkAbout87-525 VirantMartha R. Virant Box 357 Clinton, PA 15026 Dear Ms. Virant: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PA 17120 TELEPHONE: (717) 783 -1610 March 24, 1987 ADVICE OF COUNSEL 87 - 525 Re: Simultaneous Service, Member Township Water Authority, Township Supervisor, School Director This responds to your letter of February 20, 1987, wherein you requested the advice of the State Ethics Commission. Issue: Whether the State Ethics Act presents any prohibitions upon your simultaneous service as a member of a township water authority and a township supervisor or as a local school director. Facts: You advise that you currently serve as a member of the Findlay Township Water Authority. You were appointed to that position. You also advise that you are currently considering running for the position of school director or township supervisor. You have requested the advice of the commission in order to determine if you are eligible to simultaneously serve in one of the foregoing elected positions while you simultaneously serve as a member of the township water authority. Discussion: As a member of a township water authority you would be considered a public official as that term is defined in the State Ethics Act. Dice, 85 -021. Additionally, as a school director or a township Supervisor you would also be considered a public official within the purview of the State Ethics Act. See, Blaney 84 -012; Sowers 80 -050. As such, you would be considered within the purview of the State Ethics Act and, therefore subject to the restrictions thereof. 65 P.S. § 401 et. seq. 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). Martha R. Virant March 24, 1987 Page 2 Initially, it should be noted that as a candidate for public office the above provision of law would prohibit you from using your current public office as a member of the water authority in your effort to campaign for either of the positions noted above. As such, you could not use the offices, personnel, facilities, equipment, mails, or other benefits of your current public office in order to advance your campaign activities. Cessar, 82 -002, Domalakes, 85 -010. That State Ethics Act, however, would present no per se or absolute prohibition upon your candidacy for one public office even though you are currently serving in another public office. The only restriction as set forth in the State Ethics Act and the opinions of the State Ethics Commision would be as set forth above. Regarding the issue of whether you may simultaneously serve in the positions set forth above, it should be noted that the State Ethics Act presents no absolute prohibition on such simultaenous service. Of course, the Commission will not address the issue that you have presented within the purview of the Municipal Authorities Act of 1945, the Public School Code, or the Second Class Township Code. Appropriate authorites should be consulted for advice within the purview of those provisions of law. The Ethics Act does provide that this Commission may address other areas of possible conflicts of interest. 65 P.S. 403(d). The parameters of this particular provision of law are generally determined by the intent and scope of the State Ethics Act as set forth in the preamble thereto. Generally, the State Ethics Act provides that, public office is a public trust and the financial interests and activities of public officials should not conflict with the public trust. 65 P.S. §401. A conflict of interest would, therefore, develop when a public official attempts to serve one or more interests that are adversed. See Alfano. In relation to the issue of simultaneous service of one individual in two public offices, this provision of law would require that such individual not participate through one public office in any matter that relates to the other public office. For example, if the township Water authority was responsible in any way or was involved in any matter that related to the township or any school district then you as a member of that authority should abstain from participation therein. Your abstention should be publicly noted along with the reason therefor, as well as publicly recorded in the appropriate authority minutes. Additionally, if you were successful in your campaign for either the position of school director or township supervisor, you in those public positions must not participate in any matter that related to the township water authority. Once again your abstention, and the reason therefor, should be publically noted and recorded. Other than as set forth above the State Ethics Act present no prohibitions upon your contemplated activities. Martha R. Vi rant March 24, 1987 Page 3 Conclusion: The State Ethics Act presents no per se prohibition upon your simultaneous service as a member of a township water authority and township supervisor or school director. As noted above, you are a public official in your authority position and, therefore, your conduct must conform to the requirements of the State Ethics Act as set forth above, both in relation to your campaign activities as well as your activities as a public official if elected. 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. Sinc• rely, 9 Contino General Counsel