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HomeMy WebLinkAbout87-614 AllisonSTATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PA 17120 TELEPHONE: (717) 783 -1610 September 15, 1987 ADVICE OF COUNSEL William T. Allison, Jr., Esquire 66 West Wheeling Street Washington, PA 15301 -6916 Re: Conflict of Interest, Authority Member /Treasurer, Tax Sale Purchase of Realty Subject to Authority Liens 87 - 614 Dear Mr. Allison: This responds to your letter of September 2, 1987, wherein you requested advice of the State Ethics Commission. Issue: Whether the Ethics Act presents any prohibitions upon a municipal authority, board member /treasurer from bidding upon property that is subject to authority liens but which is being put up for sale by the county for unpaid county taxes. Facts: You advise that Mrs. Donna Fullem is an appointed member of the Canton Township Sanitary Authority, hereinafter Authority, wherein she also serves in the capacity as treasurer. There is a certain parcel of realty situated in Canton Township, which property is being put up for sale by the Washington County Tax Bureau for unpaid county taxes. The Authority has one or more liens against the subject property; however, the property is not being put for sale because of the Authority liens. The county tax claim sale for the up property is scheduled for September 28, 1987. You request advice as to whether Mrs. Fullem, given her position as Authority member and treasurer, may bid on the property and purchase same if she is the successful bidder. Discussion: Initially, 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 any other statute, ordinance, regulation, or code of conduct other than the Ethics Act, such as, but not limited to the Real Estate Tax Sale Law of 1947 or the Municipal Authorities Act of 1945. William T. Allison, Jr., Esquire September 15, 1987 Page 2 As an Authority member and treasurer, Mrs. Fullem is a public official as that term is defined in the State Ethics Act. 65 P.S. §402. 51 Pa. Code §1.1. As a public official, Mrs. Fullem is subject to the provisions of the Ethics Act and the restrictions therein are applicable to her. Section 3(a) of the Ethics Act provides: 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 or confidential information in order to obtain a financial gain for himself, his spouse or dependent child or for a business with which he is associated. Section 3(b) of the Ethics Act provides: Section 3. Restricted activities. (b) No person shall offer or give to a public official or public employee or candidate for public office or a member of his immediate family or a business with which he is associated, and no public official or public employee or candidate for public office shall solicit or accept, anything of value, including a gift, loan, political contribution, reward, or promise of future employment based on any understanding that the vote, official action, or judgment of the public official or public employee or candidate for public office would be influenced thereby. 65 P.S. 403(b). Section 3(b) of the Ethics Act also states that no person shall give to a public official or employee nor shall any public official or emloyee accept anything of value based on the understanding that the official's vote, action, or judgment would be influenced thereby. See 65 P.S. 403(b). You must be cognizant of this requirement and observe this provision of the Ethics Act. Reference to this Section is made not to indicate that any violation or potential violation exists but merely to provide a complete review of the Sections of the Ethics Act which may be generally applicable to these circumstances. William T. Allison, Jr., Esquire September 15, 1987 Page 3 In the instant situation, it does not appear that the bidding by Mrs. Fullem as to the property in question, which is being put up for sale by the Washington County for unpaid county taxes, would per se constitute a conflict of interest. Although it is noted that the property is subject to certain Authority liens, the property is being put up for sale for unpaid county taxes but not because of the existing liens. Further, it is assumed that the requisite advertising has occurred regarding the notice for the tax sale and, further, that Mrs. Fullem will be in the same position as any other individual who may bid on this property at the open and public proceeding. Under the facts and circumstances as outlined above, you are advised that the Ethics Act would not present a per se prohibition upon Mrs. Fullem bidding on the realty in question at the tax sale. However, in the event that the Authority transacts any business regarding the subject property during the pendency of the tax sale, the bidding and th6 purchase of the property, Mrs. Fullem should not be involved or participate in that particular matter. Conclusion: As an Authority member and treasurer, Mrs. Fullem is a public official subject to the provisions of the Ethics Act. The Ethics Act imposes no per se prohibition upon Mrs. Fullem's bidding upon the subject realty which has been put up for sale by Washington County for unpaid county taxes. Lastly, her conduct should conform to the requirements of the Ethics Act as outlined above. 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 J. Dopko General Counsel