HomeMy WebLinkAbout79-004 NalloMay 11, 1979
Mr. Merlen Nallo
R.D. #1
Hunlock Creek, Pennsylvania 18621
Dear Mr. Nallo:
79 - 004
In your letter of February 27, 1979, you requested advice
from the State Ethics Commission concerning your position as Secretary/
Treasurer of Hunlock Township. You explained in your letter that in
addition to serving as Secretary /Treasurer of the Township, you also
serve as agent for the insurance policies held by the Township.
Hunlock Township is a township of the second class and therefore
governed by the Second Class Township Code, Act of May 1, 1933, P.L. 103,
art. 1, Sec. 101 et seq., as amended, 53 P.S. Sec. 65101 et seq. As
Secretary /Treasurer of the Township, you are appointed by the board of
township supervisors and receive compensation in the form of a percentage
of township expenditures, 53 P.S. Secs. 65521, 65531 and 65540 (Supp.
1978). Compensation is broadly defined in Act 170 of 1978 as "anything
of economic value, however designated which is paid...in consideration
of personal services to any person..." The Commission is of the opinion
that you are a compensated "public official" as that term is defined in
the Act.
Section 3(h) of the Act prohibits "any individual who holds
an appointive office in any political division" from having "an interest
in any contract...which that political subdivision shall enter..."
As agent receiving compensation for the insurance contracts held by the
Township, it is the Commission's opinion that you have an interest in a
contract which the Township is a party to and that such a conflict of
interest is prohibited by Section 3(h) of the Act.
It is the Commission's opinion that Section 3(h) of Act 170
prohibits you as Township Secretary /Treasurer from acting as agent for
Mr. Merlin Nallo
May 11, 1979
Page Two
insurance contracts held by Hunlock Township. Please be advised the
Commission's Opinion in this matter is effective immediately.
This letter is apublic record by law and will be made
available as such.
Sincerely,
Paul J. Smith
Chairman
cc: Albert J. Flora, Jr., Esquire
730 United Penn Bank Building
Wilkes- Barre, Pennsylvania 18701