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STATE ETHICS COMMISSION
FINANCE BUILDING
613 NORTH STREET, ROOM 309
HARRISBURG, PA 17120-0400
ADVICE OF COUNSEL
June 4, 2019
To the Requester:
Mr. Garen Fedeles, Esquire
Beaver County Solicitor
Dear Mr. Fedeles:
FACSIMILE: 717-787-0806
WEBSITE: wwwethlcua,gov
i.;
This responds to your letters dated May 2, 2019, and May 15, 2019, by which
ou requqsted an advisory from the Pennsylvania State Ethics Commission
"Commissionl-
Issue: Whether the Public Official and Employee Ethics Act ("Ethics Act"), 65
7a--C-§. § 1101 et sLeg., would impose prohibitions or restrictions upon a county
commissioner witli—regard to voting on the exoneration/forgiveness of delinquent taxes
owed on a property that the county commissioner's niece purchased from the county
repository.
Facts: You have been authorized by Tony Amadio ("Mr. Amadio") to request an
advisory from the Commission on his behalf. You have submitted facts that may be
fairly summarized as follows.
Mr. Amadio is a County Commissioner for Beaver County County"),
Pennsylvania. Mr. Amadio's niece purchased a propertyfrom the County IZ'pository.
The County Board of Commissioners, which votes on the exoneration/forgiveness of
delinquent taxes owed on properties purchased from the County Repository, will be
asked to vote on the exoneration/forgiveness of $180.00 in delinquent owed on
the property purchased by Mr. Amadio's niece.
Based u on the above submitted facts, you ask whether the Ethics Act would
impose prohibitions or restrictions upon Mr. Amadio with regard to voting on the
exoneration/forgiveness of the delinquent taxes owed on the property that Mr. Amadio's
niece purchased from the County Repository.
Discussion: It is initially noted that pursuant to Sections 1107(10) and 1107(11) of
Me Ethics -Act, 65 Pa.C.S. §§ 1107(10), (11), advisories are issued to the requester
based upon the facts that the requester has submitted. In issuing the advisory based
upon the facts that the requester has submitted, the Commission does not en age in an
independent investigation of the facts, nor does it speculate as to facts that have not
been submitted. It is the burden of the requester to truthfully disclose all of the material
facts relevant to the inquiry. 65 Pa.C.S. §§ 1107(10}, (11). An advisory onlyaffords a
defense to the extent the requester has truthfully disc osed all of the material acts.
Fedeles, 19-527
J_une_21_2019
Rage 2
As a County Commissioner, Mr. Amadio is a public official subject to the
provisions of the Ethics Act.
Sections 1103(a) and 11030) of the Ethics Act provide:
§ 1103. Restricted activities
(a) Conflict of interest. --No public official or public
employee shall engage in conduct that constitutes a conflict
of interest.
(j) Voting conflict. --Where voting conflicts are not
otherwise addressed by the Constitution of Pennsylvania or
by any law, rule, regulation, order or ordinance, the following
procedure shall be employed. Any public official or public
employee who in the discharge of his official duties would be
required to vote on a matter that would result in a conflict of
interest shall abstain from voting and, prior to the vote, being
taken, publicly announce and disclose the nature of his
interest as a public record in a written memorandum filed
with the person responsible for recording the minutes of the
meeting at which the vote is taken, provided that whenever a
governing body would be unable to take any action on a
matter before it because the number of members of the body
required to abstain from voting under the provisions of this
section makes the majority or other legally required vote of
approval unattainable, then such members shall be
permitted to vote if disclosures are made as otherwise
provided herein. In the case of a three -member governing
od of a political subdivision, where one member has
abstained from voting as a result of a conflict of interest and
the remaining two members of the governing body have cast
opposing votes, the member who has abstained shall be
permitted to vote to break the tie vote if disclosure is made
as otherwise provided herein.
65 Pa.C.S. §§ 1103(a), 6),
The following terms related to Section 1103(a) are defined in the Ethics Act as
follows:
§ 1102. Definitions
"Conflict" or "conflict of interest." Use by a public
official or public employee of the authority of his office or
employment or any confidential information received through
his holding public office or employment for the private
pecuniary benefit of himself, a member of his immediate
family or a business with which he or a member of his
immediate family is associated, The term does not include
an action having a de minimis economic impact or which
affects to the same degree a class consisting of the general
public or a subclass consisting of an industry,occupation or
U
other group which includes the public official or public
employee, a member of his immediate family or a business
with which he or a member of his immediate family is
associated.
Fedeles 19-527
Tune-4 2019
Page 3
"Authority of office or employment." The actual
power provided by law, the exercise of which is necessary to
the performance of duties and responsibilities unique to a
particular public office or position of public employment.
"Immediate family." A parent, spouse, child, brother
or sister.
Subject to the statutory exclusions to the Ethics Act's definition of the term
"conflict" or "conflict of interest," 65 Pa.C.S. § 1102, a public official/public emplo ee is
prohibited from using the authority of public office/employment or confidential
information received by holding such a public position for the private pecuniary benefit
of the public official/public employee himself, any member of his immediate family, or a
business with which he or a member of his immediate family is associated.
The use of authority of office is not limited merely to voting, but extends to any
use of authority of office including,but not limited to, discussing, conferring with others,
and lobbying for a particular result. Juliante, Order 809.
In each instance of a conflict of interest, a public official/public employee would
be required to abstain from participation, which would include voting unless one of the
statutory exceptions of Section 11030) of the Ethics Act would be applicable.
Additionally, the disclosure requirements of Section 11030) of the Ethics Act would have
to be satisfied in the event of a voting conflict.
In nl J the above provisions of the Ethics Act to the instant matter, you are
,,�Jng e
advised as follows.
Subject to the statutory exclusions to the definition of "conflict" or "conflict of
interest" as set forth in Section 1102 of the Ethics Act, 65 Pa.C,S. § 1102, pursuant to
Section 1103(a) of the Ethics Act, Mr. Amadio would have a conflict of interest in
matters before the County Board of Commissioners that would financially impact him, a
member of his immediate family,or a business with which he or a member of his
immediate family is associated. r. Amadio's niece is not a member of his "immediate
fami athat term is defined by the Ethics Act. Cf., Pulice v. State Ethics Commission,
713 �.2ds 161 (Pa. Cmwlth. 1998), allocatur deniO, 557 Pa. 642 732 A,2d 1211 (1998)
A(Holding that a relative not encornpa7sked-By7156Te!mily relationskips listed in the Ethics
ct's definition of the term "immediate family" —in that case,An-law—would not be
considered a member of immediate family).
Absent some basis for a conflict of interest such as a private pecuniary benefit to
Mr. Amadio, a member of his immediate family, or a business with which he or a
member of his immediate family is associated, Mr. Amadio would not have a conflict of
interest under Section 1103(a) of the Ethics Act with regard to voting on the
exoneration/forgiveness of the delinquent taxes owed on the property that Mr. Amadio's
niece purchased from the County Repository.
The propriety of the proposed conduct has only been addressed Linder the Ethics
Act; the applicability of any other statute, code, ordinance, regulation or other code of
conduct other than the Ethics Act has not been considered in that they do not involve an
interpretation of the Ethics Act. Specifically not addressed herein is the applicability of
the County Code.
Conclusion: Based upon the submitted facts that: (1) Tony Amadio ("Mr.
Amadio") is a County Commissioner for Beaver County ("County"), Pennsylvania; (2)
Fedeles, 19-527
u�42019
Page 4
Mr. Amadio's niece purchased a property from the County Repository; and (3) the
County Board of Commissioners, which votes on the exoneration/forgiveness of
delinquent taxes owed on properties purchased from the County Repository, will be
asked to vote on the exoneration/forgiveness of $180,00 in delinquent taxes owed on
the property purchased by Mr. Amadio's niece, you are advised as follows.
As a County Commissioner, Mr. Amadio is a public official subject to the
provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. §
1101 et seq, Sub1iect to the statutory exclusions to the definition of "conflict" or "conflict
of interest -asset forth in Section 110 of the Ethics Act, 65 Pa.C.S. § 1102, pursuant to
Section 110(a) of the Ethics Act, Mr. Amadio would have a conflict of interest in
matters before the County Board of Commissioners that would financially impact him, a
member of his immediate family, or a business with which he or a member of his
immediate family is associated. Mr. Amadio's niece is not a member of his "immediate
family" as that term is defined by the Ethics Act. Absent some basis for a conflict of
interest such as a private pecuniary benefit to Mr. Amadio, a member of his immediate
family, or a business with which he or a member of his immediate family is associated,
Mr. Amadio would not have a conflict of interest under Section 1103(a) of the Ethics Act
with regard to voting on the exoneration/forgiveness of the delinquent taxes owed on
the property that Mr. Amadio's niece purchased from the County Repository.
Lastly, the propriety of the proposed conduct has only been addressed under the
Ethics Act.
Pursuant to Section 1107(11) of the Ethics Act, an 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, provided the requester 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 appeal the Advice to the full
Commission. A personal appearance before the Commission will be
scheduled and a formal Opin►on will be issued by the Commission.
Any such appeal must be in writing and must be actual!
received at the Commission within thirty (30) days of the date aphis
v►ce pursuant to 51 Pa Code § f3.2(h). Theappeal may be
received at the Commission by hand delivery. United States marl,
delivery service, or by FAX transmission (711'- 7-0806 . Failure to
file such an appeal at the Commission within thirty (V0) days may
result in the dismissal of the appeal.
Sin rely,
Robin M. Hittie
Chief Counsel