HomeMy WebLinkAbout87-586 LeeMs. Priscilla Lee
Tax Collector
1500 Desire Ave.
Feasterville, PA 19047
Re: Simultaneous Service, Tax Collector and Substitute School Teacher
Dear Ms. Lee:
STATE ETHICS COMMISSION_
308 FINANCE BUILDING
HARRISBURG, PA 17120
TELEPHONE: (7171 783-1610
June 4, 1987
ADVICE OF COUNSEL
87 -586
This responds to your letter of May 27, 1987, in which you requested
advice from the State Ethics Commission.
Issue: Whether the State Ethics Act would present any prohibition to serving
as a tax collector for Lower Southampton Township and Neshaminy School
District and simultaneously accepting the position of substitute school
teacher for the Neshaminy School District.
Facts: You are a tax collector for Bucks County, Lower Southampton Township
and the Neshaminy School District; however, you are elected only from the area
of the Lower Southampton Township. Currently, you have a certification from
the Department of Education to teach high school mathematics. Specifically,
you inquire as to whether you, while serving as a tax collector, may
substitute teach for the Neshaminy School District. Secondly, you request
advice as to whether you may teach full -time for the Neshaminy School District
should you decide not to run for another term as tax collector.
Discussion: It is assumed, for purposes of this advice and response, that in
your capacity as a tax collector, you are to be considered a "public employee"
or "public official" as those terms are defined in the State Ethics Act. See
Section 2, State Ethics Act, 65 P.S. 402. As a public official and /or
employee, your conduct must conform to the provisions of the State Ethics Act.
The most pertinent provision of the State Ethics Act is Section 3(a) of the
Ethics Act as follows:
Ms. Priscilla Lee
June 4, 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).
Of course, under this provision, you may not use your public position to
secure any financial gain for the position of substitute school teacher.
However, as outlined above, there does not appear to be a real possibility of
any financial gain or inherent conflict arising if you were to serve both as a
public official and /or public employee and as a substitute school teacher.
It is noted in this situation, however, that the possibility does exist
that you could be called upon for substitute teaching during your office hours
as a tax collector. In this situation, if you would accept substitute
teaching on a given day that you normally hold office hours, this might create
the appearance of impropriety. Under these circumstances it would probably be
the better practice for you not to accept substitute teaching on those days
wherein it would conflict with your existing office hours as tax collector.
Basically, the Ethics Act does not state that it is inherently
incompatible for a public official and /or employee to serve as a substitute
school teacher. The main prohibition under the Ethics Act and opinions of the
Ethics Commission is that you may not serve the interests of two persons,
groups, or entities whose interests may be adverse. See Alfano, 80 -007. In
the situation outlined above, you would not be serving entities with interests
which are adverse to each other.
We note that this Advice is issued solely under the Ethics Act and should
not be understood to serve as "clearance" to operate as outlined above under
any codes, statutes, ordinances, regulations, etc. other than the Ethics Act.
Conclusiofl: Under the circumstances outlined above, there is no inherent
prohibition under the Ethics Act for you to serve both as a public official
and /or employee and as a substitute school teacher. Accordingly, you may,
consistent with the Ethics Act, serve in these capacities simultaneously. It
would be the better practice for you as tax collector not to accept substitute
school teaching on those days when you have business hours as a tax collector.
Lastly, should you decide not to run for another term as tax collector, there
would be no prohibitions under the Ethics Act for your teaching full -time at
Neshaminy School District.
Ms. Priscilla Lee
June 4, 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.
Sincerely,
• Cc-11
Vincent J. Dopko
General Counsel