HomeMy WebLinkAbout87-546 PyneSTATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PA 17120
TELEPHONE: (717) 783 -1610
April 15, 1987
ADVICE OF COUNSEL
Mrs. Lorie L. Pyne
P.O. Box 318
Hereford, PA 18056
Re: Township Secretary /Treasurer, Real Estate Sales Associate, Conflict
of Interest
87 -546
Dear Mrs. Pyne:
This responds to your letter of April 1, 1987, wherein you requested the
advice of the State Ethics Commission.
Issue: Whether a township secretary /treasurer may be privately employed as a
real estate sales associate.
Facts: You indicate that you are currently serving as the secretary /treasurer
of the Hereford Township, Berks County, Pennsylvania, Board of Township
Supervisors. This position is an appointed position which is filled by the
township board of supervisors annually. You are not a member of the township
board of supervisors. As secretary /treasurer, you perform various duties
relating to the administration and organization of the township board of
supervisors.
You further advise that you have been considering entering into the real
estate profession as a second career. You are concerned that your activity in
this respect may occasion a conflict of interest, and as such, you have
requested the advice of the State Ethics Commission regarding what, if any,
prohibitions are applicable under the State Ethics Act.
Discussion: As a secretary /treasurer in a township of the Second Class, you
are a public employee as that term is defined in the State Ethics Act. 65
P.S. §402. As such, your conduct must conform to the requirements of that
law. Yocabet, 412 -R.
Generally, the State Ethics Act presents no per se prohibitions upon a
public employee being engaged in supplemental employment outside of their
public position. The Ethics Act, however, does provide as follows:
Mrs. Lorie L. Pyne
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, public employees may not use their position
in order to obtain any financial gain for themselves or for a business with
which they are associated. In this respect, the Commission has previously
advised, for example, that a township supervisor who acts as a real estate
broker in the same township, may not use his public position or any
confidential information that may have been obtained through his public
position, in order to obtain listings for his private business. Dennis,
81 -520; Rudnitsky, 81 -525. In addition to this specific requirement, it is
also clear that you may not participate, as a public employee, in any matter
that canes before the township that involves particular property for which you
have acted as the real estate agent or broker. This would also require that
you may not participate or take any action in a matter that involves a client
for whom you have provided similar professional services. This would be
applicable not only to those particular clients and to that particular
property for which you have already acted as real estate broker, but would
also include any property or individuals with whom you will forseeably be
involved in the future. See Hattln, 86 -584.
It is specifically noted, that while you are not a township supervisor,
you may at some time have access to confidential information that could assist
you in relation to real estate activities. As such, you must take precautions
to ensure that your conduct does not transgress the provisions of the State
Ethics Act. Additionally, in the event that the township board of
supervisiors are acting upon a matter that involves one of the individuals
with whom you have had a private business relationship, or in the event that
the township is participating in certain action relating to property with
which you have been involved, you must inform the township board of
supervisors during the public meeting wherein such action is taken as to your
specific interest in relation to that matter, and such should be recorded in
township minutes. Finally, the State Ethics Act provides as follows:
Mrs. Lorie L. Pyne
April 15, 1987
Page 3
Section 3. Restricted activities.
(b) No person shall offer or give to a public official or
public employee or candidate for public office or a member
of his immediate family or a business with which he is
associated, and no public official or public employee or
candidate for public office shall solicit or accept,
anything of value, including a gift, loan, political
contribution, reward, or promise of future employment
based on any understanding that the vote, official action,
or judgment of the public official or public employee or
candidate for public office would be influenced thereby.
65 P.S. 403(b).
Reference is made to the foregoing provision of law, not to imply that there
has or will be any implication thereof, but merely to provide a complete
response to the question that you have posed.
Conclusion: The State Ethics presents no per se prohibition upon a township
secretary /treasurer being engaged in the private real estate business. As a
public employee, you must ensure that your conduct conforms to the
requirements of the State Ethics Act. As such, you may not participate in any
matter or action that relates to your private real estate clients or property
with which you have been involved in that capacity. Your abstention in such
matters should be publicly noted and recorded.
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.
Si pce fly,
Conti no
Ac ng General Counsel