HomeMy WebLinkAbout87-607 OBrien_ Ms. Kathalyn O'Brien
11 Fairway Drive
Greensburg, PA 15601
Dear Ms. O'Brien:
Marling Address
State Ethics Commission
308 Finance Building
P. 0. Box 11470
Harrisburg, Pa. 17108-1470
August 13, 1987
ADVICE OF COUNSEL
87 -607
Re: Simultaneous Service, Jury Commissioner, Board Member of Non - Profit
Rehabilitation Center
This responds to your letter of July 17, 1987, in which you requested
advice from the State Ethics Commission.
Issue: You ask whether, as a Jury Commissioner you may also serve as or
undertake activity as member of the board of a non - profit rehabilitation
center.
Facts: You currently serve in the elective position of Jury Commissioner for
Westmoreland County. You request advice as to whether you may serve on the
Board of Directors of a non - profit corporation. Specifically, the corporation
is a psychosocial rehabilitation center which serves the chronically mentally
ill in Westmoreland County. The non - profit rehabilitation center, hereinafter
the Center, is funded by the Westmoreland County Office of Mental Health and
Mental Retardation. As a member of the board, you state that you receive no
compensation, have r,J financial interests and do not hold any of its stock in
the Center. Further, as a Jury Commissioner, you have no involvement with the
contracts between the county and the Center. As a board member of the Center,
your duties and responsibilities would be primarily to see that the program is
properly administered as per its guidelines. Pursuant to the by laws, you
note that no assets or income from the Center shall benefit any board members
and the Center may not participate or intervene in any political activity.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Ms. Kathalyn O'Brien
August 13, 1987
Page 2
Discussion: In your capacity as a Jury Commissioner, you are to be considered
a "public official" as that term is defined in the State Ethics Act. See
Section 2, State Ethics Act, 65 P.S. 402. As a public official, 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:
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 Center. 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 as a
member of the board of the Center.
Basically, the Ethics Act does not state that it is inherently
incompatible for a public official to serve as board member. 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.
The County Code provides, in part, for the following:
(a) No elected county officer or county solicitor
shall, at the same time, serve as a member of the
legislative body of any cityk borough, town or township of
any class, nor as treasureror tax collector of any city,
borough, incorporated town or township, nor as school
director of any school district, nor as a member of any
board of health. 16 P.S. §402
Since the County Code prohibits any county officer from acting in certain
enumerated incompatible offices and since the center is not one of the listed
offices, Section 402 would have no applicability to your situation. Lastly,
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.
Ms. Kathalyn O'Brien
August 13, 1987
Page 3
Conclusion: Under the circumstances outlined above, there is no inherent
prohibition under the Ethics Act for you to serve both as a public official
and as board member of the Center. Accordingly, you may, consistent with
the Ethics Act, serve in these capacities simultaneously.
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,
Vincent 1. Dopko
General Counsel