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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