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HomeMy WebLinkAbout96-562 YatesJoseph Yates Commissioner Township of Wilkins 110 Peffer Road Wilkins Township, PA 15145-1192 Dear Mr. Yates: STATE ETHICS COMMISSION 309 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 ADVICE OF COUNSEL June 5, 1996 96 -562 Re: Conflict, Public Official, Township, Commissioner, Immediate Family, Daughter - in -Law, Department of Public Works, Contract, Maintenance Department Committee. This responds to your letter of May 3, 1996, in which you requested advice from the State Ethics Commission. Issue: Whether the Public Official and Employee Ethics Law presents any restrictions upon a Township Commissioner and Chairman of the Township Department of Public Works with regard to negotiating a contract with the Township Maintenance Department Committee where the Commissioner's daughter -in -law is employed by the Township Department of Public Works. Facts: As a Wilkins Township Commissioner and Chairman of the Township Department of Public Works, you request an advisory from the State Ethics Commission. Specifically, you ask whether you would have a conflict of interest under the Ethics Law regarding the negotiation of a contract with the Wilkins Township Maintenance Department Committee where your daughter -in -law, Wanda Yates, is an employee of the Department of Public Works. Discussion: As a Commissioner for Wilkins Township, 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: Yates, 96 -562 June 5, 1996 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 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. "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 and no public official /employee shall solicit or accept anything 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. Since the term "immediate family" is defined to include a parent, spouse, child, brother or sister, and since daughter -in -law is not among the familial relationships delineated within that definition, Section 3(a) of the Ethics Law would not prohibit you from negotiating a contract with the Maintenance Department Committee. Baker, Opinion 89-016. 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 applicability of the First Class Township Code. Conclusion: As a Wilkins Township Commissioner, you are a public official subject to the provisions of the Ethics Law. Section 3(a) of the Ethics Law would not restrict you as to negotiating a contract with the Township Maintenance Department Committee where your daughter -in -law is employed by the Township Department of Public Works, since your daughter -in -law is not a member of your immediate family as that term is defined under the Ethics Law. Yates, 96 -562 June 5, 1996 Page 3 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 . Dopko Chief Counsel