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)