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Home My WebLink About91-571 VerteranoMs. Elizabeth M. Verterano Chairperson Office of Lawrence County C Lawrence County Government 430 Court Street New Castle, PA 16101 -3593 Re: Conflict, Public Off Former Partner, Law F Association, Inc. Dear Ms. Verterano: Issue: Whether the Publ' presents any prohibitio Commissioner with regard t pertaining to Allied Human Solicitor for that organi which your husband was form STATE E HICS COMMISSION 309 F NANCE BUILDING O. BOX 11470 HARRIS: URG, 7 )) 17108 -1470 TELEP C N OF Sep ember 3, 1991 mmissioners enter 91 -571 cial, County Commissioner, Spouse, rm, Solicitor, Allied Human Services This responds to your letter of July 10, 1991, in which you requested advice from the S ate Ethics Commission. c Official and Employee Ethics Law or restrictions upon a County' participating or voting on matters Services Association, Inc., where the ation is a member of a law firm of rly a partner. Facts: As the Chairperson of the Lawrence County Board of Commissioners, you seek the advice of the State Ethics Commission. Lawrence Cou ty has contracts with Allied Human Services Association, Inc. ( "Allied "), an agency that receives both state and federal fund -, some of which are passed through to them by Lawrence County t rough the aforesaid contracts. Mr. Thomas Piccione of the aw firm formerly known as Gamble, Verterano, Mojock, Piccion , and Green serves as the Solicitor for Allied. Noting that y•ur husband was formerly a partner of that law firm, you state that you abstained on voting on all matters pertaining to Alli -d to avoid even the appearance of a conflict of interest. How-ver, as of May 1, 1991, your husband opened his own law fi and has completely severed his relationship with his former firm. Neither your husband nor his current firm does any work for Allied. You state that because your husband performs no legal work for Allied, you believe that there is no way that you could directly or indirectly benefit from any contracts between Allied and Lawrence County. You state Ms. Elizabeth M. Verterano September 3, 1991 Page 2 that it is your assumption that since you have no real or potential conflict of interest regarding Allied, you are now free to vote as a County Commissioner on any matter that comes before you pertaining to Allied. However, you seek the advice of the Commission in this regard. It is noted that Advice 88 -502 was previously issued to you under former Act 170 of 1978, based upon your prior circumstances with respect to Allied. Discussion: As a County Commissioner for Lawrence County, you are a public official as that term is defined under the Ethics Law, and hence you are subject to the provisions of that law. Section 3(a) of the Ethics Law 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 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 Ms. Elizabeth M. Verterano September 3, 1991 Page 3 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. "Business with which he is associated." Any business in which the person or a member of the person's immediate family is a director, officer, owner, employee or has a financial interest. 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 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. Section 3(j) of the Ethics Law provides as follows: Section 3. Restricted activities. (j) 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 sha 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 Ms. Elizabeth M. Verterano September 3, 1991 Page 4 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 body 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. If a conflict exists, Section 3(j) requires the public official /employee to abstain as well as file a written memorandum to that effect with the person recording the minutes or supervisor. In the event that the required abstention results in the inability of the governmental body to take action because a majority is unattainable due to the abstention(s), then in that event participation is permissible provided the disclosure requirements noted above are followed. Turning to your specific inquiry, given that your husband is no longer a partner and has completely severed his relationship with his former law firm which includes Thomas Piccione, Esq. as the Solicitor for Allied, you would no longer have a conflict of interest as a County Commissioner with regard to matters pertaining to Allied Human Services Association, Inc. This is because your participation or vote on matters regarding Allied would no longer result in a private pecuniary benefit for you, a member of your immediate family, or a business with which you or a member of your immediate family is associated. Of course, it is assumed that neither you, any member of your immediate family, nor - any - business - with -which you or a member of your immediate family is associated, has any other connection with Allied which would bring it within the definition of "business with which he is associated" as set forth above. 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 ben considered in that they do not involve an interpretation of the. - Ethics Law. Specifically note addressed herein is the applicability of the County Code. Ms. Elizabeth M. Verterano September 3, 1991 Page 5 Conclusion: As a County Commissioner for Lawrence County, you are a public official subject to the provisions of the Ethics Law. You would not have a conflict of interest with regard to participating or voting in matters pertaining to Allied Human Services Association, Inc. ( "Allied "), where your husband is no longer a partner and has completely severed his relationship with his former law firm which includes the Solicitor for Allied. This Advice is based upon the assumption that neither you, any member of your immediate family, nor any business with which you or a member of your immediate family is associated has any other connection with Allied which would bring that organization within the definition of "business with which he is associated" as set forth in 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 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 §2.12. Sincerely, Vincent . Dopko, P , Chief Counsel