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HomeMy WebLinkAbout89-016 BakerMr. James Baker 50 Mumma Street Highspire, PA 17034 Re: Mayor, Public Official, Conflict, Police Contract Negotiation Committee, Immediate Family, Granddaughter. Dear Mr. Baker: 1989. This opinion is issued in response to your request of June 30, I. Issue: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 OPINION OF THE COMMISSION Before: Helena G. Hughes, Chair Robert W. Brown, Vice Chair G. Sieber Pancoast James M. Howley Michael J. Washo DATE DECIDED: September 27, 1989 DATE MAILED: (7rtntPr in 19RO 89 - 016 Whether the Public Official and Employee Ethics Law prohibits a borough mayor from participation on the negotiation committee for the police contract when his granddaughter is married to a borough policeman. II. Factual Basis for Determination: As Mayor of the Borough of Highspire you were appointed to a police contract negotiation committee to engage in collective bargaining for a tentative contract which would be presented to the Highspire Borough Council for approval. Your granddaughter is married to a Borough police officer. The negotiations by the committee would have a direct financial impact upon your granddaughter and grandson - in -law. You ask whether the Ethics Law would prohibit your participation in the negotiations. III. Discussion: As Mayor of the Borough of Highspire, you are a public official as that term is defined under the Public Officials and Employees Mr. James Baker Page 2 Ethics Law of June 26, 1989, Act 9 of 1989. Accordingly, you are subject to the provisions of the Ethics Law and restrictions therein are applicable to you. Section 3(a) of the Ethics Law provides: Section 3. Restricted Activities. (a) No public official or public employee shall engage in conduct that constitutes a conflict of interest. The term "conflict" is defined in the Ethics Law as follows: Section 2. Definitions. "Conflict or conflict of interest." Use by a public official or public employee of the authority of his office or employment or any confidential information received through his holding public office or employment for the private pecuniary benefit of himself, a member of his immediate family or a business with which he or a member of his immediate family is associated. "Conflict" or "conflict of interest" does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member or his immediate family or a business with which he or a member of his immediate family is associated. In addition, Sections 3(b) and 3(c) of the Ethics Law provide in part that no person shall offer to a public official /employee anything of monetary value or no public official /employee shall solicit or accept any thing of monetary value based upon the understanding that the vote, official action, or judgement of the public official /employee would be influenced thereby. The Ethics Law provides that a public official or employee may not participate or vote in a matter which would result in a private pecuniary benefit for himself or a member of his immediate family. However, the Ethics Law excludes certain situations from the definition of "conflict." [C]onflict of interest does not include an action...which affects to the same degree...a Mr. James Baker Page 3 subclass consisting of [an] occupation...which includes the public official or public employee, a member of his immediate family, or a business with which he is associated. Public Official and Employee Ethics Law of June 26, 1989, Act 9 of 1989, Section 2. Since your participation on the negotiation committee would involve collective bargaining for the subclass consisting of police officers such action would not be a conflict provided your grandson - in -law is affected to the same degree as all other police officers. Davis, Opinion 89 -012. Another aspect of a conflict relates to the matter of a private pecuniary benefit for the public official /employee or a member of his immediate family. In this case no private pecuniary benefit would accrue to you or a member of your immediate family. "Immediate family" is defined as follows: Since your granddaughter and grandson -in -law are not members of your immediate family as defined in the Ethics Law, you would not be prohibited from participating on a matter concerning the police contract. Lastly, the propriety of the proposed conduct has only been addressed under the Ethics Law; the applicability of any other statute, code, ordinance, regulation or other code of conduct other than the Ethics Law has not been considered in that they do not involve an interpretation of the Ethics Law. Specifically not addressed in this advice is the applicability of the Public Employee Relations Act. IV. Conclusion Section 2. Definitions. "Immediate family." A parent, spouse, child, brother or sister. As Borough of Highspire Mayor, you are a public official subject to the provisions of the Ethics Law. Under Section 3(a) of the Ethics Law, you would not be precluded from participating on a police contract negotiation committee when your granddaughter is married to a borough policeman because your granddaughter is not a member of your immediate family and because all policemen would be affected equally by the contract. Lastly, the propriety of the proposed conduct has only been addressed under the Ethics Law. Mr. James Baker Page 4 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 of the evidence of the advice given. such. This letter is a public record and will be made available as Finally, any person may request the Commission to reconsider its Opinion. The reconsideration request must be received at this Commission within fifteen days of the mailing date of this Opinion. The person requesting reconsideration should present a detailed explanation setting forth the reasons why the Opinion requires reconsideration. ena G. Hughes Chairman