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HomeMy WebLinkAbout87-609 SimmonsMr. Allen R. Simmons, CPE 549 Main Street Ford City, PA 16226 STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PA 17120 TELEPHONE: (717) 783 -1610 September 4, 1987 ADVICE OF COUNSEL Re: Simultaneous Service, Mapping Director and Tax Collector Dear Mr. Simmons: 87 -609 This responds to your letter of July 27, 1987, in which you requested advice from the State Ethics Commission. Issue: You ask whether, as Director of Mapping you may also serve as Tax Collector. Facts: In your letters of July 27, 1987 and August 13, 1987, you inquire as to whether there would be a conflict between your current position as Director of Mapping should you run for the elected position of tax Collector in one of the 51 assessing districts in Armstrong County. You also state that you are not Chief Assessor but inquire as to whether there would be a conflict if you would hold that position at some future time. You note that you have completed the Assessors Association of Pennsylvania courses for certification of Assessors and also hold a Certified Pennsylvania Estimator Status. As Director of Mapping, your duties and responsibilities, as set forth in the job description which is incorporated herein by reference, indicate that you are responsibile for supervising the activities of the county mapping department. In particular, you are responsible for supervising current transactions of properties, directing the county's mapping project, checking aerial base maps, ordering equipment and supplies, supervising completion of worksheet information, researching deeds, doing field work, mapping highway right -of -ways, preparing maps, calculating acreage, assisting individuals regarding locating properties in the county, handling personnel matters and other general duties relative to your position. Discussion: It is assumed, for purposes of this advice and response, that in your capacity as a Mapping Director, you are clearly a public official /employee as that term is defined in the State Ethics Act. As such, Mr. Alien R. Simmons, CPE September 4, 1987 Page 2 you are subject to the Ethics Act and the restrictions therein are applicable to you. Generally, the State Ethics Act does not present any per se or absolute prohibition upon a public official or public employee simultaneously serving in another position of public employment. The most pertinent provision of the State Ethics Act is Section 3(a), 65 P.S. §403(a). Section 3(a) of 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). Basically, the Ethics Act does not state that it is inherently incompatible for a public official /employee to serve as Director of Mapping and Tax Collector. 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. Further, it is necessary to make reference to Section 3(b) of the Ethics Act in order to provide a complete response to your inquiry. Under Section 3(b) of the Ethics Act cited above, which you must observe, you must neither offer nor accept anything of value on the understanding or with the intention that your official judgment would be influenced thereby. It is assumed that such a situation does not exist here. This Section is referenced not to indicate that any such activity has been or will be undertaken but in an effort to provide a complete response to your inquiry. As to your other inquiry as to whether there would be conflict in the event that you would be an elected tax collector and also possibly be appointed at some future date as Chief Assessor, that question cannot be addressed at the present time since it is purely speculative as to whether those situations will ever occur. The State Ethics Commission may only offer advice or an opinion to a public official /employee as to their duties under the Ethics Act based upon their current public employment status. In this regard, it must be noted that if you are elected tax collector and if you are appointed as Chief Assessor, you may, at that time, seek further advice of this Commission. Mr. Allen R. Simmons, CPE September 4, 1987 Page 3 For your information, a copy of the Coar Advice, No. 86- 636 -A, is enclosed, which is instructive in the general area regarding your secondary inquiry. However, it must be noted that the Coar Advice is not to be considered as controlling as to your second inquiry but is merely sent for informational purposes as to a related question that was previously addressed by the Commission. Lastly, it is noted 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. Conclusion: Under the facts and circumstances outlined above, there is no inherent prohibition under the Ethics Act for you to serve both as Director of Mapping and Tax Collector. The question as to whether there would be a conflict as to simultaneous service as a Tax Collector and Chief Assessor cannot be addressed at this time since there is only a possibility that this may occur at some future point in time, at which time you may request this Commission for further advice. 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 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. Enclosure Sincerely, Vincent J`'. Dopko, General Counsel