HomeMy WebLinkAbout87-577A WalterMr. Eugene Walter 87 -577A
c/o Dean A. Crabtree
Bedford Professional Bldg.
130 West Penn Street
Bedford, PA 15522 -0645
Re: Township Supervisor Attendance at Workshop; Expense Allowances
Dear Mr. Crabtree:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PA 17120
TELEPHONE: (717) 783 -1610
June 15, 1987
SUPPLEMENTAL ADVICE OF COUNSEL
This responds to your letter of May 27, 1987, seeking further
clarification of Advice No. 87 -577.
Issue: Whether the State Ethics Act would present any prohibition upon a
township supervisor /roadmaster, who attends a conference or school, and seeks
compensation at the hourly rate as a roadmaster subject to the $90.00 per day
maximum.
Facts: On April 2, 1987, the State Ethics Commission issued Advice of Counsel
No. 87 -577 to Eugene Walter regarding the above issue. You, as the chairman
of the Kimmel Township Board of Supervisors, requested advice as to whether
you could, under the Ethics Act, attend the Road and Street Maintenance
Workshop relative to your position as roadmaster for the township. Secondly,
you requested advice as to whether you could receive township funds for
attending such meeting as well as reimbursement for your expenses. Subject to
the limitations contained in the Advice of Counsel, you were advised that the
Ethics Act would not prohibit your attendance at the conference or school if
authorized by the board of supevisors. You were further advised that you
could receive remuneration for your attendance at the conference or school to
the extent provided by the Second Class Township Code assuming the attendance
was authorized by the board of supervisors.
In the most recent letter, your township solicitor specifically raises
the question as to whether you may attend the conference or school and be
compensated at the hourly rate of a roadmaster subject to the $90.00 per day
maximum.
Discussion: As noted in the previous Advice of Counsel, you are a township
supervisor and as such are a public official as that term is defined in the
State Ethics Act. 65 P.S. §402. Consequently, your conduct must conform to
the requirements of the Act.
Mr. Eugene Walter
June 15, 1987
Page 2
Section 3(a) of 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 provision of the above section of the Ethics Act, this
Commission has decided that public officials could not retain expense
allowances that were ir, excess of the actual funds they expended. The
Commission determined that the receipt of township funds in this situation
would be a financial gain, the receipt of which would be in violation of the
State Ethics Act if it were not part of the compensation provided for by law.
See Bigler, 85 -020.
The Second Class Township Code of 1933, P.L. 103, as amended, 53 P.S.
§65101 et. seq., provides for the compensation and benefits of a township
supervisor 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 quoted provision of the Township Code is quite explicit in
requiring that "actual expenses not ... exceed ninety dollars ($90) per day
plus the registration fee and mileage going to and returning from such
meetings ". As noted in the previous Advice of Counsel, you as roadmaster,
while serving in an authorized position as set forth in the Second Class
Township Code, could attend the school or conference if authorized by the
board of supervisors. However, the receipt of compensation at the hourly rate
as roadmaster while attending the conference or school, subject to the ninety
dollars ($90) per day maximum, would not be limited to actual expenses as per
the above quoted provision of the Township Code and would consequently be
financial gain other than compensation provided for by law.
Mr. Eugene Walter
June 15, 1987
Page 3
Conclusion: As a township supervisor / roadmaster, you are to be considered a
"public employee" as defined in the Ethic's Act. The Second Class Township
Code does provide for the receipt of certain remuneration for your attendance
at the school or conference if authorized by the Board of Supervisors. The
remuneration is limited to actual expenses, not to exceed ninety dollars ($90)
per day plus mileage going to and from the meeting and the registration fee.
The receipt of monies at the hourly rate as a roadmaster would be financial
gain other than compensation provided for by law.
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 cerely,
Vincent J. Dopko
General Counsel