HomeMy WebLinkAbout87-577 WalterMr. Eugene Walter
R.D. #1, Box 706
Claysburg, PA 16625
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PA 17120
TELEPHONE: (717) 783 -1610
May 21, 1987
ADVICE OF COUNSEL
Re: Township Supervisor Attendance At Workshop
Dear Mr. Walter:
87 -577
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 would present any prohibitions upon a
township supervisor /roadmaster's attendance at a maintenance workshop.
Facts: You indicate that you currently serve as chairman of the Kimmel
Township Board of Supervisors. In this capacity you have requested the advice
of the Commission regarding whether it would be appropriate for you to attend
the road and street maintenance workshop in conjunction with your position as
roadmaster with the township. You have also requested information regarding
whether you may receive township funds for attending such meeting and
reimbursement for your expenses incurred as part of your functions.
Discussion: As a township supervisor you are clearly a public official as
that term is defined in the State Ethics Act. 65 P.S. §402 et. seq. 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).
Within the above provision of law, this Commission has determined in the past
that public officials such as county commissioners could not secure through
their public position excess expense reimbursements if such were not provided
for by law. The Commission determined in such situations that the receipt of
Mr. Eugene Walter
May 21, 1987
Page 2
township funds would be a financial gain and if such is not part of the
compensation provided for by law then this receipt would be in violation of
the State Ethics Act if the public official used his position to secure such
funds. See, Bigler, 85 -020. In the instant situation, as a township
supervisor, compensation and benefits that you are to receive are clearly set
forth in the township code. 53 P.S. 65501 et. seq. In relation to your
question, the code provides as follows:
Attend meetings and conventions if directed to do so
by the board of supervisors. Any supervisor, elected or
appointed officer or township employe shall, if directed
by the board of supervisors, attend any conference,
institute or school dealing with the duties and functions
of such elected or appointed officers or employes. The
actual expenses for attending the conferences, institutes
and schools may be paid by the township and shall be
limited to actual expenses not to exceed ninety dollars
($90) per day plus the registration fee and mileage going
to and returning from such meetings. 53 P.S. §65516(h)
The above provision of the code clearly seems to indicate that if the township
supervisor or employee has been directed by the township board of supervisors
to attend a conference, institute or school dealing with his duties and
functions as an employee, then that supervisor is in fact entitled to actual
expenses at the rate specified in the code in addition to the registration fee
and mileage going to and returning from such meetings. As such, it would
appear as through your attendance at this meeting would not be prohibited by
the State Ethics Act. As roadmaster you would be serving in one of the
authorized positions as set forth in the township code and the above provision
of law seems to set forth the receipt of certain funds as part of your
attendance as such an authorized employee at any school, conference or
institute dealing with the duties of your employment.
Conclusion: The State Ethics Act would not prohibit your attendance at
conferences and schools as outlined above. The Second Class Township Code
clearly provides for the receipt of certain remuneration for your attendance
at such meetings if authorized by the board of supervisors. Therefore, the
receipt of this financial gain would be provided for by law and as such, it
would be no implication of the provisions of the State Ethics Act.
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.
Mr. Eugene Walter
May 21, 1987
Page 3
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
ntino
Act g General Counsel