HomeMy WebLinkAbout97-523 SchenenbergerCharles R. Schenenberger
Deputy Constable
756 West Newport Road
Lititz, PA 17543
STATE ETHICS COMMISSION
309 FINANCE BUILDING
PO. BOX 11470
HARRISBURG, PA 1 71 08 -1 470
TELEPHONE (717) 783 -1610
ADVICE OF COUNSEL
February 12, 1997
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:
97 -523
Re: Simultaneous Service, Deputy Constable, Township Supervisor.
Dear Mr. Schenenberger:
This responds to your letter of January 10, 1997, in which you requested
advice from the State Ethics Commission.
Issue: Whether the Public Official and Employee Ethics Law imposes any
prohibition or restrictions upon a Deputy Constable from also serving as a Township
Supervisor.
Facts: You are currently serving as an appointed Deputy Constable in Penn
Township, Lancaster County, with your term expiring at the end of 1997. You are
considering running for the position of Penn Township Supervisor and are inquiring as
to any restrictions under the Ethics Law as to your serving both as Deputy Constable
and Township Supervisor.
Discussion: As a Deputy Constable for Penn Township, you are a "public
official" as that term is defined in the Ethics Law and hence you are subject to the
provisions of the Ethics Law. 65 P.S. §402; 51 Pa. Code § 1 1.1.
,Schenenberger, 97 - 523
February 12, 1997
Page 2
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 of
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 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 and no
public official /employee shall solicit or accept anything of monetary value based upon
the understanding that the vote, official action, or judgment of the public
official /employee would be influenced thereby.
In applying the above provisions of the Ethics Law to the question of
simultaneous service, there does not appear to be any real possibility of a private
pecuniary benefit or inherent conflict arising if you were to serve both as a public
official and as Township Supervisor. Basically, the Ethics Law does not state that it
is inherently incompatible for a public official to serve as a Township Supervisor. The
main prohibition under the Ethics Law and Opinions of the Ethics Commission is that
one may not serve the interests of two persons, groups, or entities whose interests
may be inherently adverse. Smith Opinion, 89 -010. In the situation outlined above,
you would not be serving entities with interests which are inherently adverse to each
other.
Turning to the question of conflict of interest, pursuant to Section 3(a) of the
Ethics Law, a public official /public employee is prohibited from using the authority of
public office /employment or confidential information received by holding such a public
position for the private pecuniary benefit of the public official /public employee himself,
arty rnernber of his immediate family, or a business with which he or a member of his
immediate family is associated. Should a situation arise where the use of authority of
public off5ce /emprloymertt or confidential information received by holding the above
public positions could, result' in a prohibited private pecuniary benefit, a conflict of
interest would arise. lm• each instance of a conflict of interest, you would be required
to fully abstain, and to publicly announce and disclose the abstention and the reasons
for same in a written merrrarandum flied with the appropriate person (supervisor or
secretary who keeps• the minutes:);.. lif` suchi a situallit would arise, additional advice
may be sought from the Commission.
Schenenberaer, 97 -523
February 12, 1997
Page 3
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.
Conclusion: As a Deputy Constable for Penn Township, you are a "public
official" subject to the provisions of the Ethics Law -. As a public off i.al, you may,
consistent with Section 3(a) of the Ethics Law, simultaneously serve in.:t'h e ,positions
of Deputy Constable and Township Supervisor, subject to the restrictions; conditions
and qualifications set forth above. Lastly, the propriety of the proposed course of
conduct has only been addressed under the Ethics Law.
Pursuant to Section 7(11), this Advice is a complete defense.in apy.enforcement.
proceeding initiated by the Commission, and evidence of good faith concfa.}gt'in ap}y,
other civil or criminal proceeding, providing the requestor, has discloa.d 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 have 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
forma/ Opinion will be issued by the Commission.
Any such appeal must be in writing and must be actu received
at the Commission within thirty (30) days of the date of this Advice
pursuant to 51 Pa. Code §13.2(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 thirty (30) days may result in the dismissal of
the appeal.
cerely,
Vincent J. Dopko
Chief Counsel