Loading...
HomeMy WebLinkAbout87-570 SimonsSTATE ETHICS COMMISSION 308 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 May 19, 1987 ADVICE OF COUNSEL Mr. Ronald L. Simons 87 -570 R.D. Tracy Road Albion, PA 16401 Re: Township Supervisor, Insurance Coverage, Secretary /Treasurer Dear Mr. Simons: This responds to your letter of May 6, 1987, wherein you requested the advice of the State Ethics Commission. Issue: Whether the Ethics Act would prohibit a township supervisor in a second class township from receiving certain health and life insurance benefits. Facts: You currently serve as a township supervisor in Conneaut Township, Pennsylvania. You also were appointed as the township secretary /treasurer. The township auditors approved life and hospitalization benefits for the secretary /treasurer. You work approximately 563 hours between January and April. You have requested the advice of the Commission as to whether you may receive any benefits in your current position. Discussion: As a township supervisor and a supervisor in the second class you are clearly 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. Sowers, 80 -050. Generally, 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). Mr. Ronald L, Simons May 19, 1987 Page 2 This Commission has on a number of eccassions, previously reviewed questions regarding a township supervisor's receipt of various types of benefits including pension, health, medical and life insurance. Generally:, the Commission has ruled that within the purview of the State Ethics Act township supervisors who are not otherwise employed by the township as authorized in the second class township code, may not receive any types of benefits as sPch would be in violation of section 3(a) of the State Ethics Act. See McCutcheon v. State Ethics Commission, 77 Pa. Commw. Ct. 529, 466 A.2d 283, (1983 n R2! Auditors Report of Muncy Creek Township, Pa. Commw. Ct. . 520. A.2d 1241, (1987). The Commission in these matters has determined that receipt of such benefits by township supervisors not otherwise employed by the t a4ns'Aip would be the receipt of a financial gain other than the compensation p,'ovided for by law. The Commission has also determined that the receipt of these benefits by upervisors who are employed by the township on a full -time basis would be appropriate under the State Ethics Act as long as such benefits were proper f iced as compensation by the township board of auditors. Additional ;y, the Dmmission has also determined that the township supervisors who are employed b,) the township on a part -time basis within one of the positions authorized in the township code may also receive certain insurance benefits under the ,•.review of ,e he State Ethics Act. See Nanovic, 85 -005. In that opinion, the commission determined that a supervisor may, within the purview of the State E• ;;h ics Act receive insurance coverage to the extent approved by the auditors. Such coverage, however, should bear a reasonable relationship to the functions vrformed. Factors to be considered in this respect may include the extent of t;re coverage offered to other employees performing similar functions; the 1.) rcentage of time actually worked by said supervisor in relation to other :mployees; the type and extent of coverage accorded to others under similar circumstances in the locality; the extent of any co -pay requirement to b: imposed upon the supervisor; and the limitation of coverage if portioned ;n r.',ation to the percentage of time actually worked. In that particular case, te Commission determined that the township supervisor would not be eligiblh t� receive any coverage whatsoever under the State Ethics Act in light of the feet that the supervisor worked only 40 hours per year. in the instant situation, it would appear that if approved by th:; auditors, you are employed in a capacity so as to warrant some type of benefits. Conclusion: As a township supervisor, you are a public official as that ten is defined in the State Ethics Act. As such, your conduct must conform to the requirements of the State Ethics Act as outlined above. A township supervisor whu is not otherwise employed by the township may not receive pension, health, life or hospitalization benefits. Employed supervisors may receive such benefits if approved by the auditors and such are reasonable in nature. Mr. Ronald L. Simor May 19, 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 mace, in writing, to the Commission within 15 days of service of this Advice pursuant to 51 Pa. Code 2.12. ohn ontino Art ng General Counsel