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HomeMy WebLinkAbout95-557 DzuganMay 2, 1995 Diana K. Dzugan, Supervisor Hanover Township Beaver County 328 Mack Hollow Road Georgetown, PA 15043 95-557 Re: Conflict, Public Official /Employee, & upervisor, Second Class Township, Gift, Taxes. Dear Ms. Dzugan: STATE ETHICS COMMISSIQN 309 FINANCE BUILDING PO. BOX 11470 HARRISBURG, PA TELEPHONE (717) 783 -1610 ADVICE OF COUNSEL This responds to your letter of March 2, 1995, in which you requested advice from the State Ethics Commission. Issue: Whether the Public Official and Employee Ethics Law presents any prohibition or restrictions on a township supervisor from accepting a gift of money from township citizens to pay back taxes. Facts: You are currently serving a six -year term as a supervisor of Hanover Township, Beaver County, a second class township. The board of supervisors consists of three members, and you were elected in November, 1993. You state a newspaper reported that a fellow supervisor-provided information to the newspaper that you and your spouse's taxes are in a late payment status. In your letter, you question the propriety of the supervisor obtaining information concerning your taxes and quote Pennsylvania tax laws. During the November 9, 1994, township meeting, a person presented you with an envelope containing money that was raised by many township residents to assist you with payment of the back taxes. You state you and your husband had no knowledge of the collection before that time, and, other than the person who presented the envelope to you, you do not know the names of residents who contributed to the collection. You also state .that .you are not aware of - whether the person who presented the .envelope was a contributor and that you did not accept the money at that time. You requested that the person presenting the money hold it until you could receive appropriate guidance. You state you asked the presenter not to tell you who else was involved in the fundraising. Dzugan, Diana R., 95 -557 May 2, 1995 Page 2 You also state that you do not know the amount of money collected. You are unsure of the actions you must take concerning the money raised for your family. With your letter, you included articles and letters 'to the editor concerning the above matters, which were printed in the newspaper. You request advice from the Commission under the Ethics Law concerning the actions of the other supervisors with respect to obtaining and releasing your tax information and also whether you can accept the money raised for your family by township residents. Discussion: It is initially noted that pursuant to Sections 7(10) and 7(11) of the Ethics Law, 65 P.S. § §407(10), (11), advisories are issued to the requestor based upon the facts which the requestor has submitted. In issuing the advisory based upon the facts which the requestor has submitted, the Commission does not engage in an independent investigation of the facts, nor does it speculate as to facts which have not been submitted. It is the burden of the requestor to truthfully disclose all of the material facts relevant to the inquiry. 65 P.S. §§407(10) (11) . An advisory only affords a defense to the extent the requestor has truthfully disclosed all of the material facts. As stated in our letter of April 6, 1995, notifying you that an advice would be issued, the first question you raised concerning the propriety of the other supervisor's actions will not be addressed because it does not involve an interpretation of the Ethics Law. Therefore, this advice will only address your question concerning the money raised for your family and presented to you. As a supervisor for Hanover Township, you are a public official as that term is defined under .the Ethics Law, and hence. you are subject to the provisions of that law. 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 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 an conf idential information receivea through his holding. public office or employment for the Dzugan, Diana R., 95.557 May 2, 1995 Page 3 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 of his immediate family or a business with which he or a member of his immediate family is associated. "Authority of office or employment. A' 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. "Immediate family." A parent, spouse, child, brother or sister. In addition, Sections 30:0 and 3 (c) of the Ethics Law provide in part that no person shall offer to a public official /employee anything of monetary value and no public official /employee shall solicit or accept anything of monetary value based upon the understanding that the vote, official action, or judgement of the public official /employee would be influenced thereby. Reference is made to these provisions of the law not to imply that there has been or will be any transgression thereof but merely to provide a complete response to the question presented. In reviewing your question, the money presented to you would constitute a gift. The Ethics Law does not preclude the receipt of a gift. However, Section 405(b) (6) requires that on your annual Statement of Financial Interests you report the name and address of the source and the amount and circumstances of the gift, if $200.00 or more. Nevertheless, you are not required to list the gift if made by a friend provided the friend is not a registered lobbyist or an employee of a registered lobbyist and is motivated out of a personal relationship. Gialiotti, Opinion 89 -020. The above analysis is based on the assumption that the person giving the gift has no business or financial dealings with Hanover Township. If you accept the gift and the person providing the gift at some future time seeks to have financial dealings with the township, you should seek additional advice from the Commission. Dzugan, Diana K., 95 -557 May 2, 1995 Page 4 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 herein is the applicability of the respective municipal code. Conclusion: As a supervisor for Hanover Township, you are a public official subject to the provisions of the Ethics Law. The Ethics Law does not prohibit officials from receiving gifts. However -, if you accept a gift, you may have to report it on your annual Statement of Financial Interests under circumstances as outlined above. Lastly, the propriety of the proposed conduct has only beer addressed under the Ethics Law. Pursuant to Section 7(11), this Advice is a complete det'ense 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. Finally, if you disagree with this Advice or if you bilge any reason to challenge same, you may appeal the Advice to the full Commission. A personal appearance before the Commission= will be scheduled and a formal Opinion will be issued by the Commission. Any such appeal must be in writing and must be actually received at the Commission within fifteen (15) days of the date of this Advice pursuant to 51 Pa .Code 513.2(h). The appeal may be received at the Commission by hand delivery, United States mail, delivery service, or by FAX transmission (717- 787 - 0806). Failure to file such an appeal at the Commission within fifteen (15) days may result in the dismissal of the appeal.. Vincent . Chief Counsel