Loading...
HomeMy WebLinkAbout87-594 AngleSTATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PA 17120 TELEPHONE: (717) 783 -1610 July 6, 1987 ADVICE OF COUNSEL Mr. Ronald L. Angle 87 -594 Box "A" Portland, PA 18351 Re: Conflict of Interest, Township Supervisor, Purchase Of Land From Officer In A Corporation Which Has'A Matter Before Township Dear Mr. Angle: This responds to your letter of June 17, 1987, wherein you requested the advice of the State Ethics Commission. Issue: Whether the Ethics Act presents any prohibitions upon a township supervisor in purchasing property from an officer of a corporation that has a matter pending before the township planning commission. Facts: You advise that you are a township supervisor for Upper Mt. Bethel Township. You state that you have purchased a piece of property in the township from an individual who is an officer in a corporation that has a matter pending before the township planning commission. The matter concerns an application for a Planned Residential Development (townshouses), hereinafter PRD, which is separate and apart from the property that you are purchasing. Since you are not a member of the township planning commission, you would not be voting on PRD. Lastly, you state that both you and the seller have obtained written real estate appraisals which value the property at less than the actual purchase price. You have requested the advice of the State Ethics Commission as to whether there would be a conflict of interest in your purchasing this property from an officer in a corporation that has a separate matter, relating to PRD, pending before the planning commission. Discussion: At the outset, it must be noted that the Ethics Commission may only address your question within the purview of the Ethics Act. The Commission may not and will not offer advice with respect to any duties or obligations that may be imposed by other provisions of law. As a township supervisor, you clearly would be a public official as that term is defined in the State Ethics Act. 65 P.S. §402. This conclusion is based upon your position, which when reviewed on an objective basis, indicates clearly that you have the power to take or recommend official action of a Mr. Ronald L. Angle July 6, 1987 Page 2 non - ministerial nature with inspecting or other activit mi nimu s on the interests of conform to the requirements respect to contracting, procu ies where the economic impact another person. As such, you of that law. Sowers, 80 -050; repent, planning, is greater than de r conduct must We lz , 86 -001. 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, no public official may use his position in order to obtain a financial gain for any business with which he is associated. Additionally, the official may not use confidential information obtained in the public position for similar purposes. In addition to the foregoing, this Commission may also address other areas of possible conflicts of interest. 65 P.S. §403(d). The parameters of the activities encompassed by this particular provision of the Act, are determined through a review of the intent of the law. The Ethics Act was enacted to ensure that the financial interest of a public official does not conflict with the p u b l i c trust. Such conflict of interest would develop at any time when the official attempts to serve one or more interests that are adve rse. This Commission, on at least one prior occassion, has addressed, by way of an advice of counsel, an issue similar to the one presented herein. In Hatton, 86 -584, the Commission determi ned that the Ethics Act would not absolutely prohibit a township supervisor from also acting as a private real estate broker in the sane township. The Commission noted that the supervisor could not use his official position to: obtain work as a real estate broker, participate in any matters that cane before the township board of supervisors that related to a particular parcel of property for which he was a listing agent and participate in any matter before the township board relative to a particul ar individual who empl oyed his professional servi ces. The Commi ssion also noted that the supervisor could not use his position to obtain private clients for his real estate employer nor could he participate or vote in any matter relating to a client or property with which he was involved. Lastly, the supervisor could not represent ary clients before the township board. Mr. Ronald L. Angle July 6, 1987 Page 3 In the instant situation, it does not appear that the purchase of the property by you for an amount in excess of the values set forth in two (2) written appraisals from an individual who is an officer of a corporation that has a matter before the townhip planning commission would constitute a conflict of interest. It is noted that you are not a member of the township planning commission and would not be voting upon the application of PRD. Of course, you could not engage in any discussions, recommendations or participation wi th the commi ssion regarding the appl i cation of PRD. Further, you should abstain in any matter that the corporation might have before the township board during the pendency of the purchase of the property by you from the individual. You should also publicly note and have appropriately recorded in the governmental body minutes that you are purchasing the property from the individual who is a member of the corporation that has a matter before the township planning commission. Thus, while the Ethics Act would not present a per se prohibition upon, your purchase of the property in question, it is clear that as a township supervisor your activities are governed by the provisions of the Ethics Act. Accordingly, you should exercise caution to ensure that you would have no involvement or participation in any matter that the corporation might have with the township board pendi ng the purchase of the property. Conclusion: As a township supervisor, you are a public official and as such are subject to the provisions of the Ethics Act. The Ethics Act imposes no prohibition upon the purchase of the property, under the facts and circumstances outlined above. Your conduct should conform to the requirements of the Act as outlined above. Lastly, as indicated, you should note publicly and appropriately record it in the governmental body's minutes that you are purchasing the property in question from an individual who is a member of a corporation that has an application before the township planning commission. 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 crimi nal proceedi ng, providing the requestor has disclosed truthfully all the material facts and carat tted the acts complained of in reliance on the Advice given. This letter is a public record and will be made available as such. Mr. Ronald L. Angle July 6, 1987 Page 4 Finally , if you disagree with this Advi ce or if you have any reason to chal lenge sane, you may request that the ful 1 Comm' ssion revi ev this Advi ce. A personal appearance before the Commi ssion wi 11 be scheduled and a formal Opinion from the Commission w i l l be issued. Any such appeal mast be made, in writing, to the Commission within 15 days of service of this Advice pursuant to 51 Pa. Code 2.12. 4 Si ncerely , Vincent J. Dopko General Counsel