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HomeMy WebLinkAbout87-545 DoyleSTATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PA 17120 TELEPHONE: (717) 783 -1610 April 15, 1987 ADVICE OF COUNSEL Mr. John Doyle 777 Patton Street Monroeville, PA 15146 Re: Conflict of Interest, Member Municipal Authority, Vested Pension As Former Authority Employee 87 -545 Dear Mr. Doyle: This responds to your letter of April 2, 1987, wherein you requested the advice of the State Ethics Commission. Issue: Whether the State Ethics Act presents any prohibitions upon your service as a member of a municipal authority when you receive a pension from that authority as a result of your former employement therewith. Facts: You have requested the advice of the State Ethics Commission regarding whether there would be a conflict of interest if you accepted a position as a member of a municipal water authority while drawing a pension resulting from your former employment with that authority. You advise that you were employed by the Monroeville Water Authority from May 29, 1973 through and including September 29, 1985. You retired from the authority on that date. Since the time of your retirement, you have been receiving a pension from the authority in the amount of $751.44 per month. Your pension was fixed by way of a contract between the Union and the Monroeville Water Authority. You have no other interest in the Monroeville Water Authority, other than receiving the aforementioned pension. You do advise that you will be compensated for your service as a member of the authority. You have requested the advice of the State Ethics Commission regarding whether the State Ethics Act would present any prohibitions upon your service as outlined above. Discussion: As an appointed member of a municipal authority, you would clearly be a public official as that term is defined in the State Ethics Act. 65 P.S. §402. As such, your conduct must conform to the requirements thereof. Dice, 85 -021. Generally, the Ethics Act would present no absolute prohibition upon your service as a member of a municipal authority even though you may be receiving pension benefits as a result of your former employement with that entity. Generally, the Ethics Act would provide as follows: Mr. John Doyle April 15, 1987 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). Within the above provision of law, you, as an authority member, could not participate or otherwise take any action through your public office that would inure to your benefit. Thus, if as an authority member you were called upon to take some action in relation to the pension program or other benefits accorded to former employees of the authority, and that action would in any way impact upon your personal financial interest, then you must abstain from participation therein. Your absention in such situation, should be publicly noted and recorded in authority minutes. Additionally, it should be noted that you can not use any confidential information obtained in your public position in order to benefit yourself, a member of your immediate family or any business with with you are associated. In addition to the foregoing, it should also be noted that this Commission may address other areas of possible conflicts. 65 P.S. §403(d). Generally, a conflict of interest would arise any time when an individual attempts to serve one or more interests that are adverse. Generally, the State Ethics Act was promulgated in order to ensure the public the finacial interests of public officials and employees do not conflict with the public trust. Thus, while this Commission can not invision every potential conflict of interest that could arise in a given situation, you should be cognizant of the intent of the law and attempt to conform your conduct thereto. In this respect, it would be advisable for you to abstain from participating in all matters relating to the pension program generally. For example, if you as an authority member were called upon to make a decision regarding whether the funds of the pension program should be audited or whether the pension program should be altered generally, it would probably be the better practice for you to abstain from participating in such matters. Other than as set forth above, however, the Ethics Act would present no prohibitions upon your service as outlined in your letter of request. Conclusion: As a member of a municipal authority, you are a public official as that term is defined in the State Ethics Act. The Act presents no absolute prohibition upon your service as a member of the municipal authority when you receive a vested pension benefit as a result of your former employment with the authority. In the event that you, as an authority member, are called upon to participate in any matter that relates to or can effect your own personal interests, you must abstain from participating therein. Also, in order to avoid any potential conflict of interest, it would be the better practice for you to abstain from participating in any matter that relates to the pension program generally. Mr. John Doyle April 15, 1987 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. Sin - ely, Contino AC, ng General Counsel