The URL can be used to link to this page

Home My WebLink About91-609 AndersonMr. Glenn L. Anderson R.D. #3 Chicora, PA 16025 Dear Mr. Anderson: STATE ETHICS COMMISSION 309 FINANCE BUILDING PO. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783.1610 ADVICE OP COUNSEL December 31, 1991 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. 91 -609 Re: Conflict, Public Official /Employee, County Commissioner, Hiring, Immediate Family, Niece. This responds to your letter of November 7, 1991 in which you requested advice from the State Ethics Commission. Issue: Whether the Public Official and Employee Ethics Law prohibits a County Commissioner from hiring his niece to be his personal secretary. Facts: Having been elected on November 5, 1991 as a County Commissioner for Butler County, Pennsylvania, you seek the advice of the State Ethics Commission regarding your intentions to employ your niece to be your personal secretary: Discussion: As a County Commissioner for Butler County, Pennsylvania 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. The following terms are defined in the Ethics Law as follows: Mr. Glenn L. Anderson December 31, 1991 Page 2 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 of 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 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. Mr. Glenn L. Anderson December 31, 1991 Page 3 In applying the above provisions of the Ethics Law to your specific inquiry, Section 3(a) of the Ethics Law provides that a public official /public employee may not use the authority of public office or employment, or confidential information received by 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. The only pecuniary benefit in this case would be to your niece, who is not a member of your immediate family. "Immediate family" is clearly defined in the Ethics Law as set forth above, which definition does not include a niece. ,See. Baker, Opinion 89 -016. Since'your niece is not a member of your immediate family as that term is defined in the Ethics Law, you would not be prohibited under Section 3(a) of the Ethics Law from hiring:your niece as your personal secretary. 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. Specifically not addressed herein is the applicability of the County Code. Conclusion: As a County Commissioner for Butler County Pennsylvania, you are a public official subject to the provisions of the Ethics Law. Section 3(a) of the Ethics Law would not prohibit your hiring of your niece as your personal secretary, because your niece is not a member of your "immediate family" as that term is defined 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. such. This letter is a public record and will be made available as Finally, if you disagree with this Advice or if you have any Mr. Glenn L. Anderson December 31, 1991 Page 4 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. Sincerely, alk Vincent J. Dopko Chief Counsel