HomeMy WebLinkAbout90-560 RineerMr. Jon Rineer 90 -560
R.D. #1, Box 190
Towanda, PA 18848
Re: Conflict, Public Official, Immediate Family, Township
Supervisor, Uncle.
Dear Mr. Rineer:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
P.O. BOX 11470
HARRISBURG, PA 17108 -1470
TELEPHONE (717) 783 -1610
ADVICE OF COUNSEL
June 5, 1990
This responds to your letter of April 18, 1990, in which you
requested advice from the State Ethics Commission.
Issue: You ask whether the Public Official and Employee Ethics
Law presents any restrictions upon a second class township
supervisor from voting for an uncle as to annual raises or
promotions.
Facts: As a second class township supervisor in Towanda, you
have an uncle who works for the township. You inquire as to what
role you may play regarding annual raises or promotions. Your
uncle is a half brother of your mother and is currently employed
as a full time employe with a job classification of a laborer.
You note that the individual is required to run equipment such as
dump trucks, back hoes, graders, etc. Your uncle performs
related maintenance on such equipment. After noting that another
supervisor and the township manager have suggested that you may
have a conflict, you seek advice on these two issues and request
a copy of the State Ethics Act.
Discussion: As a township supervisor for Towanda, you are a
public official as that term is defined under the Ethics Law and
hence are subject to the provisions of that law.
Section 3(a) of the Ethics Law provides:
Section 3. Restricted Activities.
Mr. Jon Rineer
Page 2
(a) No public official or public
employee shall engage in conduct that
constitutes a conflict of interest.
The following terms are defined in the Ethics Law as
follows:
Section 2. 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. "Conflict" or
"conflict of interest" 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 other group which includes the
public official or public employee, a member
or his immediate family or a business with
which he or a member of his immediate family
is associated.
"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.
In addition, Sections 3(b) and 3(c) of the Ethic Law
provide in part that no person shall offer to a public
official /employee anything of monetary value and no public
official /employee shall solicit or accept any thing of monetary
value based upon the understanding that the vote, official
action, or judgement of the public official /employee would be
influenced thereby. Reference is made to these provisions of the
law not to imply that there has or will be any transgression
thereof but merely to provide a complete response to the question
presented.
Mr. Jon Rineer
Page 3
such.
Since the term "immediate family" is defined to include a
parent, spouse, child, brother or sister and since your uncle is
not in the familial relationship delineated above, Section 3(a)
of the Ethics Law would not prohibit you from voting or
participating regarding annual raises or promotions for your
uncle. Baker, Opinion 89 -016.
Lastly, the propriety of the proposed conduct has only been
addressed under the Ethics Law; the applicability of any other
statute, code, ordinance, regulation or other code of conduct
other than the Ethics Law has not been considered in that they do
not involve an interpretation of the Ethics Law.
Conclusion: As Supervisor of Towanda Township, you are a public
official subject to the provisions of the Ethics Law. Section
3(a) of the Ethics Law would not restrict you from voting or
participating for your uncle as to raises or promotions since he
is not a member of your immediate family as that term is de�fined
under the Ethics Law. Lastly, the propriety of the proposed
conduct has only been addressed under the Ethics Law.
Pursuant to Section 7(11), 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
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 in writing
and must be received at the Commission within 15 days of the date
of this Advice pursuant to 51 Pa. Code 2.12.
cerely,
Vincent 3. Dopko,
Chief Counsel