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HomeMy WebLinkAbout87-646 ColeThomas P. Cole, III, Esquire Town House 11279 Center Highway North Huntingdon, PA 15642 STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PA 17120 TELEPHONE: (717) 783 -1610 December 21, 1987 ADVICE OF COUNSEL 87 - 646 Re: Simultaneous Service, First Class Township Commissioner, Constable Dear Mr. Cole: This responds to your letter of November 23, 1987, in which you requested advice from the State Ethics Commission. Issue: Whether the State Ethics Act imposes any prohibition or restriction on a constable from also serving as a first class township commissioner. Facts: You state that you are the solicitor for the Township of North Huntingdon, County of Westmoreland, Commonwealth of Pennsylvania which is a first class township. You also represent Angelo L. Furlin, Jr., who is commissioner -elect for North Huntingdon Township and who will take office in January, 1988. You also advised that Mr. Furlin is currently a constable in Westmoreland County. You conclude by requesting advice from this Commission as to whether there is any conflict under the Ethics Act by Mr. Furlin serving both as elected first class township commissioner and as a constable. Discussion: As a commissioner -elect for North Huntingdon Township, Mr. Furlin will become a "public official" when he takes office in January, 1988. At that time, Mr. Furlin's conduct will be subject to the provisions of the Ethics Act and the restrictions therein will be applicable to him. As to whether the Ethics Act would restrict or prohibit :first cla« township commissioner from also serving as a constable, it is noted that the State Ethics Commission may only address questions regarding the duties and responsibilities of public officials within the purview of the State Ethics Act. Thomas P. Cole, III, Esquire December 21, 1987 Page 2 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). Section 3(a) basically provides that a public official may not use his public office or confidential information to obtain a financial gain other than compensation as provided for by law for himself or a member of his immediate family. Under this provision, the Ethics Commission has determined that the use of office by a public official such as through voting to obtain a gain or benefit for himself or a member of his immediate family which is not provided for in law constitutes a "financial gain other than compensation provided for by law." See P'lcCutcheon v. State Ethics Commission, 77 Pa. Commw. 529 (1983). See also Yocabet v. State Ethics Commission, Pa. Commw. , 531 A. 2d 536 (1987). Of course, under this provision, a public official may not use his public position to secure any financial gain for himself or his immediate family which is not provided for in law . However, there does not appear to be a real possibility of any financial gain or inherent conflict arising if Mr. Furlin were to serve both as a public official, that is, first class township commissioner and as constable. The main prohibition under the Ethics Act and Opinions of the Ethics Commission is that he 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, he would not be serving entities with interests which are adverse to each other. Lastly, it must be noted that the question of the simultaneous service has not been addressed under the First Class Township Code. Advice regarding the propriety of that activity under the First Class Township Code must be addressed by the solicitor since that would not involve any interpretations of the State Ethics Act. Conclusion: As a commissioner -elect for North Huntingdon Township, Mr. Furlin will be a "public official" subject to the provisions of the Ethics Act. Under the circumstances outlined above, there is no inherent prohibition under the Ethics Act for Mr. Furlin to serve both as a public official and constable. Lastly, the propriety of the proposed conduct has only been addressed under the Ethics Act; the applicability of any other statute, code, ordinance or regulation or other code of conduct has not been considered. Thomas P. Cole, III, Esquire December 21, 1987 Page 3 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 civi 1 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 w i l l 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 . Dopko General Counsel