HomeMy WebLinkAbout79-063 CoughlinTO:
DISCUSSION:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
OPINION
October 17, 1979
James P. Coughlin, Jr.
6 Robin Court
R.D. #7
Bethlehem, PA 18105
RE: Conduct required where employer of a inember of a
Township Planning Commission submits a plan
FACTS.
79 -063
On June 6, 1979, James F. Coughlin, Jr., member of
the Township Council of Lower Saucon Township, North-
ampton County, wrote the Commission to request any
suggestions or comments relative to a potential conflict
of interest.
re advised that the Lower Saucon Township Planning
Commission submitted a plan to the Township Council.
The planning commission is composed of five members,
three of whom are employees of Bethlehem Steel Corpora-
tion. One member has property which adjoins the
subdivision, and has granted the steel company an
easement on his property. These four members abstained
from participating in the plan because of a possible
conflict of interest. This left one member to vote.
The plan was therefore submitted to council by
commission chairman with no roll call vote.
The issue is whether a plan can be submitted by
one member of a planning commission to council without
roll call vote consistent with Act 170.
The duties and responsibilities of planning
commission are delegated by the township council to the
planning commission. The function of a planning com-
mission is to review plans submitted to it and make
recommendations to council for consideration. It is
not an adjudicatory body.
James F. Coughlin, Jr.
October 17, 1979
page 2 of 2
This Commission has already held that uncompensated
appointed officials, such as members of a planning
commission, are not covered by Act 170, Sidari,
1978 -29. The Commission commends the members of the
planning commission, however, for carrying out the
spirit of Act 170 and abstaining from participation in
this matter.
It is the duty of any member of the Township
Council of Lower Saucon Township, being compensated
public officials, to abstain from participation in a
matter submitted by an employer of that public official.
Section 1 of the Act requires "that the financial
interests of holders of or candidates for public office
present neither a conflict nor the appearance of a
conflict with the public trust."
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:
Uncompensated public officials who are appointed
are not covered by Act 170. Council members are public
officials and should abstain from any matter for which
they have an interest or their employer has an interest,
`i , .' 6/ /
PAUL J.MITH
Chairman