Loading...
HomeMy WebLinkAbout90-611 LongoMs. Betty Longo 90 -611 P.O. Box 53 Greensboro, PA 15338 Re: Simultaneous Service, Sewage Authority and Joint Sewage Authority. Dear Ms. Longo: STATE ETHICS COMMISSION 308 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 1 71 08 -1 470 TELEPHONE (717) 783 -1610 ADVICE OF COUNSEL December 20, 1990 This responds to your letter of November 9, 1990, in which you requested advice from the State Ethics Commission. Issue: Whether the Public Official and Employee Ethics Law imposes any prohibition or restrictions upon a member of a sewage authority from also serving or being employed as a member of a joint sewage authority. Facts: You may be appointed to the position of Greensboro - Monongahela Township Joint Sewage Authority. You currently serve as a member of Greensboro Sewage Authority until it will be eventually phased out but there are still certain matters to be resolved as well as working with an engineer and submitting a module to the Green County Planning Commission before DER ordered a hold as to including the township in your plan. The Greensboro sewage lines will be affected by the COE Lock and Dam Project as to which correspondence exists on that issue. After noting problems with the jointure last year because of a change in engineers and a change of plans for Greensboro, you noted that the problems were resolved and a contract was agreed upon the two municipalities of August 20, 1990. Thereafter, Greensburg Borough Council requested you and another citizen to serve on the Joint Authority to replace two members who had resigned during the problem period. In an effect to further the work of the board, you agreed to accept the appointment to facilitate communications between the communities until the Greensboro Sewage Authority would be phased out. At the November 5, 1990 meeting, two members of the Joint Authority questioned whether it would be a conflict on your part and requested that you resign from the Greensboro Sewage Authority. After noting that there is no pay "compensation" as to either authority position, you indicate that you may resign in the interest of harmony but Ms. Betty Longo Page 2 would request an opinion as to whether such service is a conflict. Discussion: As a member for Greensboro Sewage Authority, you are a "public official" as that term is defined in the Ethics Law and hence you are subject to the provisions of the Ethics Law. 65 P.S. §402; 51 Pa. Code §1.1. Section 3(a) of the Ethics Act provides: Section 3. Restricted Activities. (a) No public official or public employee shall engage in conduct that constitutes a conflict of interest. The following terms are defined under the Ethics Law: 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. In addition, Sections 3(b) and 3(c) of the Ethics Law provide in part that no person shall offer to a public Ms. Betty Longo Page 3 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 official /employee would be influenced thereby. In applying the above provisions of the Ethics Law to the question of simultaneous service, there does not appear to be any real possibility of a private pecuniary benefit or inherent conflict arising if you were to serve both as a public official /employee and as a member of the Greensboro - Monongahela Township Joint Sewer Authority. Basically, the Ethics Law does not state that it is inherently incompatible for a public official /employee to serve or be employed as member of the Greensboro - Monongahela Township Joint Sewer Authority. The main prohibition under the Ethics Law and Opinions of the Ethics Commission is that one may not serve the interests of two persons, groups, or entities whose interests may be adverse. Smith Opinion, 89 -010. In the situation outlined above, you would not be serving entities with interests which are adverse to each other. However, if a situation arises where you or the respective entities you represent develop an adverse interest, then you must remove yourself from that particular matter and disclose the nature of your interest in a written memorandum to the appropriate person (supervisor or secretary who keeps the minutes). If such a situation would arise, additional advice may be sought from the Commission. 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 Act has not been considered in that they do not involve an interpretation of the Ethics Act. Conclusion: As a member for Greensboro Sewage Authority, you are a "public official" subject to the provisions of the Ethics Law. As a public official /employee, you may, consistent with Section 3(a) of the Ethics Law, simultaneously serve in the positions of member of the Greensboro Sewage Authority and member of the Greensboro- Monongahela Township Joint Sewage Authority. Lastly, the propriety of the proposed course of conduct has only been addressed under the Ethics Act. 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 Ms. Betty Longo Page 4 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 in writing and must be received at the Commission within 15 days of the date of this Advice pursuant to 51 Pa. Code 52.12. S,cerely, Vincent Dopko, Chief Counsel