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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