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HomeMy WebLinkAbout90-008 GovachiniSTATE 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 Dennis C. Harrington James M. Howley DATE DECIDED: March 30, 1990 DATE MAILED: May 3, 1990 Mr. Dennis Govachini Attorney at Law 311 -312 First United Federal Building Ebensburg, PA 15931 II. Factual Basis for Determination: 90-008 Re: Conflict, Public Official, Township Supervisor, State Convention, Resolution, Advancement of Authorized Expenses. Dear Mr. Govachini: This Opinion is issued in response to your request of March 13, 1990. I. Issue: Whether under the Public Official and Employee Ethics Law the board of supervisors of a second class township may by resolution advance the expenses for attendance of the delegates to the state convention if itemized expenses would be properly submitted after the convention with an accounting for any overpayments. On behalf of the Cambria Township Board of Supervisors, you inquire as to whether it would be permissible for the Board to advance to its delegates a reasonable amount of reimbursable expenses prior to their attendance at the state convention. The advancement would be utilized to pay authorized expenses, including the registration fee, lodging, food and mileage. After referencing §612 of the Second Class Township Code, 53 P.S. §65612, which provides for the authorized expenses for delegates to the state convention, you inquire as to whether the Board of Supervisors could authorize by resolution the payment in advance of the registration fee, food, lodging and mileage. The advancement of the reimbursable expenses would be paid shortly prior to the convention with the requirement that within a reasonable time after the convention the delegates would submit an itemized account of expenses showing any under or over payment followed by any necessary reimbursements. Mr. Dennis Govachini Page 2 III. Discussion: The supervisors of Cambria Township are public officials as that term is defined under the Public Official and Employee Ethics Law. Accordingly, they are subject to the provisions of the Ethics Law and the restrictions therein are applicable to them. 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 following terms are defined under the Ethics Law: 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. "Authority of office or employment." The actual power provided by law, the exercise of which is necessary to the performance of duties and responsibilities unique to a particular public office or position of public employment. In determining whether the delegates may receive an advancement of reimbursable expenses relative to attendance at the state convention, we can not address that question under the Second Class Township Code. Since we do not have jurisdiction to interpret the provisions of the Second Class Township Code, our determination in this case is limited expressly to the propriety of such action under the Ethics Law. Although it is beyond the scope of this Commission Mr. Dennis Govaohini Page 3 to interpret laws other than the Ethics Law, it may in certain instances be necessary for us to review certain provisions of other laws to the extent that those laws impact upon the Ethics Law. The Second Class Township Codes provides for expenses and mileage at the State Convention as follows: The expenses allowed the delegates attending the annual meeting shall be limited to the registration fee, mileage for use of a personal vehicle or reimbursement of actual transportation expense going to and returning from such meeting plus all other actual expenses that the township board of supervisors may have agreed to pay. Every delegate attending the annual meeting shall submit to the township board of supervisors an itemized account of expenses incurred thereat. The township board of supervisors may authorize township employees to be compensated at their regular employe rate during their attendance at the annual meeting. No delegate shall receive expenses for more than four days including the time employed in traveling thereto and therefrom, together with mileage going to and returning from such meeting. 53 P.S. B65612. Section 3(a) of the Ethics Law provides in part that a public official may not use the authority of office to obtain a private pecuniary benefit for himself. The specific question becomes whether a resolution for an advance payment of reimbursable expenses . for attendance at the state convention would contravene Section 3(a) of the Ethics Law quoted above. In this instance, we believe that the voting for a resolution which would advance these reimbursable authorized expenses would be permissible because the delegates would be receiving an advancement to which they would be entitled under the law. Clearly, the delegates who attend the state convention and incur these authorized expenses are entitled to reimbursement. In this instance, the resolution would merely shift the reimbursement to a point in time prior rather than subsequent to the state convention. Since the expenses and mileage are authorized in law, the fact that they would be received at a prior time through a resolution rather than subsequently would not be prohibited by the Ethics Law as long as the expenses themselves are those which are authorized and secondly as long as reimbursement is promptly made after the convention for any overpayments. 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 Act has not been considered in that they do not Mr. Dennis Govachini Page 4 involve an interpretation of the Ethics Law. Specifically not addressed in this Opinion is whether such action is permissible under the Second Class Township Code. IV. Conclusion: Second Class Township Supervisors are public officials subject to the provisions of the Ethics Law. Section 3(a) of the Ethics Law would not prohibit a board of supervisors through resolution from advancing the reimbursable expenses for attendance of the delegates to the state convention provided the expenses are those that are authorized and provided an itemized expense account would be promptly submitted after the convention with an accounting for any overpayments. Lastly, the propriety of the proposed conduct has only been addressed under the Ethics Law. 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. 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. By the ommission elena G. Hughes, Chair