HomeMy WebLinkAbout91-551 RitsonDear Mr. Ritson:
STATE ETHICS COMMISSION
309 FINANCE BUILDING
P.O. BOX 11470 •
HARRISBURG, PA 17108 -1470
TELEPHONE (717) 783 -1610
ADVICE OF COUNSEL
June 26, 1991
Mr. Robert Ritson 91 -551
225 Wren Drive
Greensburg, PA 15601
Re: Simultaneous Service, Candidate for Township Auditor and
Part -Time Township Recreation Maintenance Worker
This responds to your letter of May 2, 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 candidate for
township auditor, if elected, from also serving or being employed
as a part -time township recreation maintenance worker in the
summers.
Facts: As a candidate for auditor in the Township of Hempfield,
Westmoreland County, Pennsylvania, which is a second class
township, you seek the advice of the State Ethics Commission.
You request an interpretation of a provision of the Second Class
Township Code, specifically 53 P.S. §65564 which states:
Any auditor who is knowingly interested, directly
or indirectly, in any township transaction and benefits
financially therefrom shall, upon conviction thereof in
a summary proceeding, be sentenced to pay a fine not
exceeding one hundred dollars ($100) and costs of
prosecution, and shall forfeit his office.
You ask if you were to be elected to the pdsition of
township auditor, whether you could still hold a part -time job
in the summer as a township recreation maintenance worker. You
note that you are a college student who works this type of summer
job to pay for your education. You also note that the Hempfield
Recreation Commission is under the direction of the Township of
Hempfield.
Mr. Robert Ritson
Page 2
Discussion: As a candidate for township auditor in the Township
of Hempfield, Westmoreland County, Pennsylvania and if elected,
you would become a "public official" as that term is defined in
the Ethics Law and hence you would be subject to the provisions
of the Ethics Law. 65 P.S. §402; 51 Pa. Code 51.1.
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. Robert Ritson
Page 3
Turning to your specific inquiry, it is initially noted that
your inquiry may only be addressed under the Ethics Law. Your
inquiry may not be addressed under the Second Class Township Code
in that the Commission does not specifically have the statutory
jurisdiction to interpret the Second Class Township Code.
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 part -time summer help as a.township
recreation maintenance worker. Basically, the Ethics Law does
not state that it is inherently incompatible for a public
official /employee to serve or be employed as a part -time summer
township recreation maintenance worker. 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 publicly
announce as well as disclose the nature of your interest in a
written memorandum to the appropriate person (secretary who
keeps the minutes).
It is clear that such a situation of a conflict of interest
would arise if you were to review, in your capacity as a
township auditor, matters pertaining to your employment as
recreation maintenance worker such as salary, reimbursement of
expenses, payment of benefits, or the like. This advice is
expressly conditioned upon your complying with the restrictions
set forth herein for situations where such conflicts arise. If
other such situations 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 Second Class
Township Code.
Conclusion: As a candidate for auditor in the Township of
Hempfield, Westmoreland County, Pennsylvania and if elected, you
will become 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
such.
Mr. Robert Ritson
Page 4
positions of township auditor and part -time summer help as a
township recreation maintenance worker, based upon the express
condition that you comply with the restrictions set forth herein.
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 52.12.
S cerely,
Vincent J. opko,
Chief Counsel