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HomeMy WebLinkAbout96-560-CL HalversonRita Halverson, CRB, CRS, GRI Coffee Springs Farm 555 East Main Street Somerset, PA 15501 Dear Ms. Halverson: STATE ETHICS COMMISSION 309 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 ADVICE OF COUNSEL June 19, 1996 96- 560 -CL Re: Conflict, Public Official /Employee, Member, State Real Estate Commission, PA Realtors Education Foundation, PAR Professional Standards Hearing Panel, Keystone Chapter Certified Residential Brokerage Managers, Cambria - Somerset Association of Realtors Professional Standards Committee Chairman, Clarification of Advice. This responds to your letter of June 14, 1996 in which you requested clarification of Advice of Counsel No. 96 -560. Issue: Whether the Public Official and Employee Ethics Law presents any prohibition or restrictions upon a member of the State Real Estate Commission as to service on various real estate boards and associations. Facts: As a Member of the State Real Estate Commission, you request clarification as to Advice of Counsel No. 96 -560 which was issued on May 31, 1996, and you ask that the appeal period be tolled until clarification is received, pursuant to 51 Pa.Code §13.2(e). The facts contained in Advice of Counsel No. 96 -560 are incorporated herein by reference. You state that the reference caption in Advice of Counsel No. 96 -560, as well as the conclusion section, omitted certain information as to your position with the Cambria - Somerset Association of Realtors, specifically that you are its Professional Standards Committee Chairman. You further state that membership in that Association of Realtors itself or the Pennsylvania Association of Realtors or National Association of Realtors is not an issue according to a representative from the State Ethics Commission who spoke before the Real Estate Commission in February of this year. You ask that the Advice of Counsel be amended so that you may resign from the Directorships and Committee Chair assignments which you hold. Discussion: It is initially noted that you are correct in your understanding that membership in such professional associations would not constitute an inherent conflict Halverson, 96- 560 -CL June 19, 1996 Page 2 of interest for you as a member of the State Real Estate Commission. The Conclusion in the Advice gave that impression, when in fact it was the officer positions which were intended to be the focus for the inherent conflict of interest. However, upon further review as to officer positions, the Advice relied upon precedents which were decided under Act 170 of 1978. That Act enabled the State Ethics Commission to address "other areas of possible conflict," unlike present Act 9 of 1989 which specifically sets forth a definition of conflict of interest and does not provide for such "other areas of possible conflict." You are advised that Section 3(a) of the Ethics Law, under Act 9 of 1989, would not prohibit a public official from serving as a Member of the State Real Estate Commission while holding membership officer positions with the following real estate boards and associations: the Board of Directors of the Pennsylvania Realtors Education Foundation, the Pennsylvania Association of Realtors (PAR) Professional Standards Hearing Panel, the Board of Directors of Keystone Chapter Certified Residential Brokerage Managers, and the Cambria - Somerset Association of Realtors Professional Standards Committee. Your officer positions with these entities would not constitute an inherent conflict with your service as a Member of the State Real Estate Commission. Thus, you would not need to resign from these positions in order to serve on the State Real Estate Commission. However, you are advised that conflicts of interest may arise. An association which you serve as an officer would be within the definition of "business with which associated." In any instance where the use of the authority of your public position as a Member of the State Real Estate Commission would result in a private pecuniary benefit to a business with which you are associated such as an association which you serve as an officer, you would have a conflict of interest. In each instance of a conflict of interest, you would be required to abstain fully from participation and to fully satisfy the disclosure requirements of Section 3(j) as set forth in the Advice of Counsel which was previously issued to you. 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 Governor's Code of Conduct. Conclusion: As a Member of the State Real Estate Commission, you are a public official subject to the provisions of the Ethics Law. Section 3(a) of the Ethics Law would not prohibit a public official from serving as a Member of the State Real Estate Commission while holding membership or officer positions with the following real estate boards and associations: the Board of Directors of the Pennsylvania Realtors Education Foundation, the Pennsylvania Association of Realtors (PAR) Professional Standards Hearing Panel, the Board of Directors of Keystone Chapter Certified Residential Brokerage Managers, and the Cambria - Somerset Association of Realtors Professional Standards Committee. A conflict would arise where the use of the authority of public office with the State Real Estate Commission would result in a private pecuniary benefit for such an association where the public official serves as an officer. In each instance of a conflict of interest, the public official would be required to abstain fully and to fully satisfy the disclosure requirements of Section 3(j) of the Halverson, 96- 560 -CL June 19, 1996 Page 3 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 appeal the Advice to the full Commission. A personal appearance before the Commission will be scheduled and a formal Opinion will be issued by the Commission. Any such appeal must be in writing and must be actually received at the Commission within thirty (30) days of the date of this Advice pursuant to 51 Pa. Code §13.2(h). The appeal may be received at the Commission by hand delivery, United States mail, delivery service, or by FAX transmission (717- 787 - 0806). Failure to file such an appeal at the Commission within thirty (30) days may result in the dismissal of the appeal. cerely, Vincent 7. Dopko Chief Counsel