HomeMy WebLinkAbout82-005 LeeteSTATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
April 20, 1982
OPINION OF THE.COMMISSION
Mr. John B. Leete
Leete and Glassmire Law Offices
Five East Third Street
Coudersport, Pennsylvania 16915
II. Factual Basis for Determination:
82 -005
RE: Sections 1, 2, 3(a), 3(c), 12; County Officials; Family
Members of County Employees; Salary Board
Dear Mr. Leete:
I. Issue:
You have requested an opinion addressing the following
questions:
A. May Potter County officials - specifically, 4- he
Sheriff,. the Register and Recorder, and the
Treasurer - in their capacity as Salary Board
members, vote when the Board sets salaries for
their wives, who serve as top level county employees:
B. May a County Commissioner sit on the Salary Board
and vote for the salary of her brother, a Director
of a County Planning Agency?
Three Potter County officials - the Sheriff, the Registe_7
and Recorder, and the Treasurer - were elected in 1979 and
took office in January, 1980. Subsequently, they appointed
their wives to top level positions. The wives serve as
Chief Matron in the County jail, First Deputy Register and
Recorder, and First Deputy Treasurer respectively. The
Salary Board (hereinafter, the Board), a statutory body
created pursuant to the County Code, 16 P.S. §1625, establishes
the salaries for county office employees, including those
for the officials' wives. By virtue of their offices, the
Sheriff, the Register and Recorder, and the Treasurer sit on
the Salary Board. County Commissioners also sit on the
Board. The brother of one of the Commissioner /Board members
is Director of a County Planning Agency. His salary is also
set by the Board.
John B. Leete
April 20, 1982
Page 2
III
. Applicable Law:
Section 1. Purpose. The legislature hereby
declares that public office is a public
trust and that any effort to realize personal
financial gain through public office other
than compensation provided by law is a viola-
tion of that trust. In order to strengthen
the faith and confidence of the people of the
State in their government, the Legislature
further declares that the people have a right
to be assured 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. Because
public confidence in government can best be
sustained by assuring the people of the
impartiality and honesty of public officials,
this act shall be liberally construed to promote
complete disclosure.
Section 2. Definitions. Immediate family."
A spouse residing in the person's household
and minor dependent children.
"Public official." Any elected or appointed
official in the Executive, Legislative or
Judicial Branch of the State or any political
subdivision thereof, provided that it shall
not include members of advisory boards that
have no authority to expend public funds
other than reimbursement for personal
expense, or to otherwise exercise the power
of the State or any political subdivision thereof.
Section 3. Restricted activities.
(a) No public official or public employee shall
use his public office or any confidential infor-
mation received through his holding public office
to obtain financial gain other than compensation
provided by law for himself, a member of his
immediate family, or a business with which he
is associated.
Section 12. Conflict of law. If the provisions of
this act conflict with any other statute,
ordinance, regulation or rule, the provisions of
this act shall control.
John B. Leete
April 20, 1982
Page 3
IV. Discussion:
including the County Sheriff,
Elected office holders, are public officials
Register and Recorder, and Treasurer., 65 P.S. S401 f eta_
within the coverage of the Ethics Act, 65 P. official. They
Similarly, a County Commissioner is a public
must comply with the requirements of the Act. The purpose
of the statutory standards of conduct is to insure the
integrity public trust.
of the public servants by eliminating even the
appearance of a conflict of inosessspecifichrequirements
To this end the Ethics ubliclofficials."
upon the conduct of "p
Section 3(a) of the Act prohibits a public official
from using his public office tlbfornhimselflor a member
than compensation provided by law
his immediate family.
The primary purpose of the act is
ev
strengthen public confidence in g overnment by avoiding
the appearance of a public servant's conflict of interest.
tister
Sections 1 and 3(a) require the County Sheriff,
Thus,
and Recorder, and Treasurer to abstain from participating in
decisions of the Salary BOOlde °their which
respective spouses
decisions specifically in
For example, as long as the Sheriff's wife serves as
Chief Matron in the County jail, the Sheriff may not vote, of
as a member of the Salary'Board, on her salary. Re i may,
vote on the salaries of the R g f the
and Recorder and the First Deputy er
pu
blic officials may also continue tosvoteeonall routine
et decisions
of the Salary Board regarding, for in
employees.
While Section 2 of the Act defines "ioediate family"
as including a spouse residing elled
minor dependent children the Commission does not paeticulply
to limit the question of abstention soanarr wly, p term
where neither Section 1 nor Section even the appearance of a
The Act requires in Section 1, Thus, the County Commissioner's
co of on the Salary Salar y bBoardland•voting for the salary of her
planning Agency would const_tute
brother, who directs a County Opinion to be removed
such an appearance of a conflict in our Op
only by similar abstention.
With respect to the proposition dmembers that B�de,
16 P.S. §1625, permits Board exception, the Commission
various office employees without Ives the Act a
observes that Section 12 of the Act
of Act conflict
pre - emptive capacity. If the p rovisions
with any other statute, the provisions of the Act shall
control. 65 P.S. §412.
John B. Leete
April 20, 1982
Page 4
V. Conclusion:
The Potter County Sheriff, Register and Recorder, and
the Treasurer are public officials subject to the Ethics
Act. Their direct participation in future salary decisions
that affect their wives respectively, in the latter's employment
by the County, would present the appearance of or potential
for conflict of interest. As a member of the Salary board,
therefore, each official must henceforth abstain from voting
on decisions regarding his wife's individual salary. The
abstention prevents the development of any conflict of
interest, or any appearance thereof, and it furthers the
principles of the Ethics Act.
In addition, the concepts of Section 1 of the Ethics
Act apply to the brother - sister question presented here.
Thus, a County Commissioner may not vote following this
Opinion, as a Salary Board member, to set the salary of her
brother, the Director of a County Planning Agency, in order
to avoid the appearance of a conflict of interest.
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 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.
PJS /na