HomeMy WebLinkAbout79-056 SimmonsTO:
FACTS:
DISCUSSION:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
OPINION
October 17, 1979
Ann L. Simmons
Potter Township Board of Supervisors
206 Mowry Road
Monaca, PA 15061
RE: Township Zoning Officer also a Bdilder
The issue is whether it is a conflict of interest
for a township zoning officer to be in the business of
building homes. A subsidary issue is whether a zoning
officer responsible for issuing building permits may
issue himself a permit.
79 -056
On May 15, 1979, we received a letter on behalf
of the Township Supervisors from Ann L. Simmons,
secretary to the Potter Township Board of Supervisors.
She stated that a township zoning officer is also a
builder of homes. When he builds homes in Potter
Township, he applies for a permit for himself, and then
he issues himself a building permit.
She asked, "whether it is a conflict of interest
for a township zoning officer to be in the business of
building homes."
We hold that a zoning officer is a "public employee"
because he is an individual employed by a political
subdivision of the Commonwealth who is responsible for
taking or recommending official action of a nonministerial
nature with regard to zoning.
Being a zoning officer and engaging in construction
in that same township presents "an appearance of a
conflict with the public trust." (Section 1) A zoning
officer with such a business interest would inevitably
have to pass on building permit applications by competitors,
as well as himself.
Ann L. Simmons
October 17, 1979
page 2 of 2
The purpose of a building permit is to insure that
the zoning laws of the governmental body are enforced.
In order for enforcement to occur, the person reviewing
and passing on the application must not be the person
who is applying for the same permit. To issue a permit
to oneself would be a violation of the public trust.
We also hold that the zoning officer may not issue a
permit to any member of his immediate family as defined
by Section 2.
Pursuant to Section 7(9)(i), this opinion 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.
CONCLUSION:
It is a violation of Section 1 of Act 170 for a
zoning officer or a member of his immediate family to
apply for a building permit, and then issue said permit
to himself.
A builder engaging in construction in a political
subdivision may not be a zoning officer in that sub-
division without presenting "an appearance of a conflict
with the public trust."
p i,i6I \J ��61 1,�/ /1 (SEAL)
AUL J.�SMITH
Chairma