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HomeMy WebLinkAbout79-074 VavroTO: RE: FACTS: DISCUSSION: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 OPINION December 19, 1979 Robert V. Vavro 713 House Building 4 Smithfield Street Pittsburgh, PA 15222 Secretary - Treasurer of Barbers Local, State Association of Barbers, and Vice President of International Serving on State Board of Barbers Examiners 79 074 On September 25, 1979 Stanley A. Miller, Commissioner of Professional and Occupational Affairs referred to this Commission correspondence he had had with Robert Vavro, a member of the State Board of Barber Examiners. Mr. Vavro advised that he was Secretary- Treasurer of the Barbers Local Number 20, Pittsburgh (as a full - time job), Secretary- Treasurer of State Association of Barbers, and Vice - President of the Barbers International Union. Commissioner Miller has asked this Commission whether such service on the State Board of Barber Examiners constitutes a conflict of interest. The issue is whether an officer in a state association, as well as a local and international union may serve as a member of the State Board of Barber Examiners. The State Board of Barber Examiners was created by the Barber License Law as amended, 63 P.S. 551 et seq. The barber examiners license and regulate barbers in the Commonwealth. The Commission has already held, in the case of John G. Lutton, 79 -24, "that Mr. Lutton's position as chief spokesman for the funeral directors in this State and his membership on the governmental body charged OPINION PAGE 2 with regulating the funeral directing profession constitutes a conflict of interest prohibited by Act 170." Mr. Vavro, being a Secretary - Treasurer of the State Association of Barbers, is in a similar position to that of Mr. Lutton. As a general rule, an officer in an organization which represents regulatees before the State Regulatory Board may not serve as a regulator. Since neither the local or international union lobby or represent persons before the General Assembly or State Board of Barber Examiners, being an officer in these organizations is not a per se conflict of interest. CONCLUSION: Mr. Vavro is hereby advised that he should resign from the State Association of Barbers if he desires to continue as a member of the State Board of Barber Examiners, and if a matter before the State Board involves a member of his local union, he must abstain from participation in the matter in the State Board of Barber Examiners. 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. PAUL J. /SMITH Chairman/ (SEAL)