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HomeMy WebLinkAbout93-524 LawsonKathy Lawson 283 Branchton Road Slippery Rock, PA 16057 • STATE ETHICS COMMISSION 309 FINANCE BUILDING P.O. BOX 11470 HARRISBURG. PA 1 71 08 -1 470 ADVICE OF C16UN6 iL March 3, 1993 93 -524 Re: Simultaneous Service, Township Real Estate Tax Collector and Secretary to the Business Manager in School District. Dear Ms. Lawson: This responds to your letter of January 28, 1993, 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 secretary to the business manager of a school district from also serving or being employed as a real estate tax collector in the township. Facts: As an employee of the Slippery Rock Area School District in the position of Secretary to the Business Manager, you seek an advisory from the State Ethics Commission. In your present position, you record and deposit money turned into the District by the tax collectors. You are considering running for election as the Real Estate Tax Collector in Slippery Rock Township. You specifically ask whether you could simultaneously hold both positions, if you would turn over the Slippery Rock Township collections to someone else in the District to record and deposit. Discussion: As Secretary to the Business Manager of the Slippery Rock Area School District, you are a "public employee" as that term is defined in the Ethics Law and hence you are subject to the provisions of the Ethics Law. If elected as Real Estate Tax Collector in Slippery Rock Township, you would become a "public official" as that term is defined in the Ethics Law and hence you would also in that position be subject to the provisions of the Ethics Law. 65 P.S. §402; 51 Pa. Code §1.1. Section 3(a) of the Ethics Law provides: Section 3. Restricted Activities. Kathy Lawson March 3, 1993 Page 2 (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 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. 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 anything of monetary value based upon the understanding that the vote, official action, or judgment of the public official /employee would be influenced thereby. In applying the above provisions of the Ethics Law to the question of simultaneous service, under the circumstances which you have submitted, there does not appear to be any real possibility-of a private pecuniary benefit or inherent conflict arising if you should serve as a public official /employee in both capacities as Secretary to the Business Manager of the Slippery Rock Area School District and as Real Estate Tax Collector in Slippery Rock Township. Basically, the Ethics Law does not state that it is inherently incompatible for a public official /employee to Kathy Lawson March 3, 1993 Page 3 simultaneously serve or be employed in the aforesaid positions. 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 inherently adverse. Smith Opinion, 89 -010. In the situation outlined above, you would not be serving entities with interests which are inherently adverse to each other. Turning to the question of conflict of interest, pursuant to Section 3(a) of the Ethics Law, a public official /public employee is prohibited from using the authority of public office /employment or confidential information received by holding such a public position for the private pecuniary benefit of the public official /public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. Should a situation arise where the use of authority of public office /employment or confidential information received by holding the above public positions could result in a prohibited private pecuniary benefit, a conflict of interest would arise. In each instance of a conflict of interest, you would be required to fully abstain and to publicly announce and disclose the abstention and the reasons for same in a written memorandum filed with the appropriate person (supervisor or secretary who keeps the minutes). Such a situation would arise if you, as Secretary to the Business Manager, were to record and deposit the monies you would turn into the School District in your other capacity as a Tax Collector. See, ,Johnson, Opinion 86 -004 (Regarding maintaining accountability and " and - balance" system between tax collector and recipient of tax monies due to the municipality). However, you have represented and assured this Commission that you would turn over your duties as Secretary to someone else as to those funds. If other problematic situations should 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 Law has not been considered in that they do not involve an interpretation of the Ethics Law. Specifically not addressed herein is the School Code, the First or Second Class Township Codes, or the Local Tax Enabling Act. Conclusion: As Secretary to the Business Manager of the Slippery Rock Area School District, you are a "public employee" as that term is defined in the Ethics Law and hence you are subject to the provisions of the Ethics Law. If elected as Real Estate Tax Collector in Slippery Rock Township, you would become a "public official" as that term is defined in the Ethics Law and hence you Kathy Lawson March 3, 1993 Page 4 would also in that position be 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 Secretary to the Business Manager of Slippery Rock Area School District and as Tax Collector for Slippery Rock Township, subject to the restrictions, conditions and qualifications set forth above. Lastly, the propriety of the proposed course of 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 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. truly yours, incent Dopko, Chief Counsel