HomeMy WebLinkAbout87-602 TaylorSTATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PA 17120
TELEPHONE: (717) 783 -1610
August 7, 1986
87 -602
Robert J. Taylor, Esquire
337 Merchant Street
Ambridge, PA 15003
Re: Municipal Water Authority, Section 3(a), Reimbursement for Lost Wages
Dear Mr. Taylor:
This responds to your letter of July 13, 1987, in which you requested
advice from the State Ethics Commission.
Issue: You ask whether the Ethics Act imposes any prohibition upon a board
member of a municiapal water authority from receiving reimbursement or payment
from the authority resulting from time off and lost wages from the board
member's regular employment due to performance of duties for the authority.
Facts: As Solicitor for the Ambridge Water Authority, hereinafter the
Authority you request advice from the Ethics Commission concerning the
possible reimbursement or payment to a board member for loss wages resulting
from his absence from his regular employment due to the performance of duties
for the Authority. You state that under the Municipal Authorities Act, the
board may designate any of its officers and employees with certain specific
duties. Further, the Authority is in fact divided into various committees
with specified functions. As an example, you cite one instance where one
member who is in charge of labor negotiations will work a substantial amount
of time with the Union Bargaining Agents to effectuate a new contract. Since
several board members have been advised by their private employers that they
must report off work when engaged in Authority business, you ask whether the
board members may be reimbursed for lost wages.
Discussion: Initially, it must be noted that under the Ethics Act, the
Commission's jurisdiction is limited to rulings under the Ethics Act. Thus,
in this Advice, the propriety of or answer to any questions related to the
propriety of conduct in light of any code, statute (federal or state),
Robert J. Taylor, Esquire
August 7, 1987
Page 2
regulations, etc. other than the Ethics Act may not be addressed. However,
under the Ethics Act a ruling may be provided because the board member's
conduct is subject to the requirements of the Ethics Act because for purposes
of this response, it is assumed that the board member is a "public
official /employee" as that term is defined in the Ethics Act. See 65 P.S.
402.
Generally, the Ethics Act provides that:
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).
In applying Section 3(a) to the instance situation, it is necessary to
review the relevant provisions of the Municipal Authorities Act for guidance
in this matter.
The Act provides, in part:
Members shall hold office until their successors have
been appointed, and may succeed themselves, and, except
members of the boards of Authorities organized or created
by a school district or school districts, shall receive
such salaries as may be determined by the governing body
or bodies of the municipality or municipalities, but none
of such salaries shall be increased or diminished by such
governing body or bodies during the term for which the
member receiving the same shall have been 5appointed. (B)
The Municipal Authorities Act does not appear to contain any exception to
the above provision that is applicable in the instant situation.
This Commission has determined that the acceptance of any gain by a
public employee /official, which is not authorized in law, is a violation of
Section 3(a) as quoted above. See Huff, 84 -015 and Domalakes, 85 -010.
Further, Commonwealth Court in McCutcheon v. State Ethics Commission, 77
Commw. Ct. 529, 466 A.2d 283 (1982), has held that the receipt of financial
gain other than compensation provided by law, for a public official, is in
violation of Section 3(a) of the Ethics Act.
Robert J. Taylor, Esquire
August 7, 1987
Page 3
Since the Municipal Authorities Act specifically provides that the
governing authority shall establish salaries which may not be increased or
diminished during the terrn for which a member is serving, any so called
reimbursement or payment to a board member resulting from lost wages from his
private employment would constitute gain other than compensation provided by
law.
Conclusion: A board member of the Ambridge Water Authority is a public
official /employee as that term is defined in the Ethics Act. The Ethics Act
restricts a public official /employee from receiving any financial gain other
than compensation provided by law. The receipt by a member of the Authority,
of a reimbursement or payment as a result of lost wages from their private
employment, would be financial gain other than provided for by law which is
prohibited by Section 3(a) of the 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.
This letter is a public record and will be made available as such.
Finally, if you disagree with this Advi
challenge same, you may request that the ful
personal appearance before the Commission wi
Opinion from the Commission will be issued.
writing, to the Commission within 15 days of
to 51 Pa. Code 2.12.
ce or if you have any reason to
1 Commission review this Advice. A
11 be scheduled and a formal
Any such appeal must be made, in
service of this Advice pursuant
Sincerely,
J'. Do
Vincent ko p
General Counsel