Loading...
HomeMy WebLinkAbout91-514 KeavenyMr. Maurice P. Keaveny, Director Mercer County Registration and Election Bureau 5 Mercer County Courthouse Mercer, PA 16137 STATE ETHICS COMMISSION 308 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 ADVICE OF COUNSEL February 14, 1991 91 -514 Re: Simultaneous Service, Municipal Authority Member and Director of Voter Registration and Election. Dear Mr. Keaveny: This responds to your letters of January 10, 1991 and January 28, 1991, 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 municipal authority from also serving or being employed as a Director of Voter Registration and Election with the county Registration and Election Bureau. Facts: You are a member of the Sharon General Hospital Building Authority and you also are the Director of Voter Registration and Election with the Mercer County Registration and Election Bureau. The Sharon General Hospital Building Authority was created in 1979 by the City Council of the City of Sharon, Pennsylvania, to enable the hospital to sell municipal bonds to finance an addition to the hospital. The authority's only activity at the present time is to hold an annual meeting each November which you believe to be a requirement until the bonds are retired. You seek advice from the Commission as to whether there is a conflict with your being a member of the authority while also being in the position of Director of Voter Registration and Election. Discussion: As a member of the Sharon General Hospital Building Authority for the City of Sharon, Pennsylvania, and as the Director of Voter Registration and Election for the Mercer County Registration and Election Bureau you are a "public official" and a "public employee" as those terms are defined in the Ethics Mr. Maurice P. Keaveny Page 2 Law and hence you are subject to the provisions of the Ethics Law. 65 P.S. 5402; 51 Pa. Code S1.1. 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 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. Mr. Maurice P. Keaveny Page 3 It must initially be noted that this advice may only address your inquiry with regard to your future conduct in simultaneously serving as member of the municipal authority and as the Director of Voter Registration and Election. The propriety of past conduct is beyond the scope of an advisory and therefore is not addressed herein. 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 as a member of the Sharon General Hospital Building Authority and as Director of Voter Registration and Election for the Mercer County Registration and Election Bureau. Basically, the Ethics Law does not state that it is inherently incompatible for a public official /employee to serve or be employed as a member of a municipal authority while also holding the position of Director of Voter Registration and Election for a county Registration and Election Bureau. 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. Specifically not addressed herein is the applicability of the Municipality Authorities Act. Conclusion: As a member of the Sharon General Hospital Building Authority for the City of Sharon, Pennsylvania, and as Director of Voter Registration and Election for the Mercer County Registration and Election Bureau, you are a "public official" and a "public employee" subject to the provisions of the Ethics Law. With regard to your future conduct, as a public official /employee, you may, consistent with Section 3(a) of the Ethics Law, simultaneously serve in the positions of a member of the Sharon General Hospital Building Authority and Director of Mr. Maurice P. Reaveny Page 4 such. Voter Registration and Election for the Mercer County Registration and Election Bureau. 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 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. Sincerely, l ' s ` jr \ N Vincent T. Dopko, Chief Counsel