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HomeMy WebLinkAbout92-565Dear Mr. Abrahamsen: STATE ETHICS COMMISSION 309 FINANCE BUILDING P.O. BOX 11 470 HARRISBURG, PA 17108-1470 TELEPHONE (717) 783 -1610 ADVICE OF COUNSEL April 17, 1992 Thomas C. Abrahamsen, Esquire LaBrum and Doak One Montgomery Plaza Suite 505 Norristown, PA 19401 Re: Member, Chester County Agricultural Land Preservation Board, Public Official, FIS. 92-565 This responds to your letter of March 3, 1992, in which you requested advice from the State Ethics. Commission. , Issue: Whether a Member of the Chester County Agricultural Land Preservation Board is to be.considered a . "public official" as that term is defined in the Public Official and Employee. Ethics Law, and therefore, required to file a.Statement of Financial Interests. Facts: As Solicitor for the Chester County Agricultural Land Preservation Board ( "Board ")., you request an advisory from the State Ethics Commission as to whether the activities and functions of the Board Members fall within the purview of the definition of "public official" set forth _,n the Ethics Law and regulations of this Commission. You have provided the following material facts regarding your request for an advisory, which are set forth verbatim: The Chester County Agricultural Land Preservation Board is a body authorized pursuant to the agricultural area security law found at 3 .P.S. Section 901 et sea. The specific authority for the Board is found at Section 914.1 of that Act. The Board consists of nine members appointed by the Chester County Commissioners. The members of the Board are volunteers and not compensated for their service on the Board. The Board considers applications from citizens of the Commonwealth which offer to sell to the Commonwealth, or Chester County, agricultural conservation easements. The Board evaluates the applications pursuant to a point system designated by the Act and the regulations , promulgated thereunder. Thereafter, the Board decides which parcels of property Thomas C. Abrahamsen, Esquire April 17, 1992 Page 2 proposed for purchase will be appraised., After an appraisal is received, the Board will recommend to the State Agricultural Preservation Board that the Commonwealth purchase (or the Commonwealth and the county purchase) an agricultural conservation easement on a particular parcel of property. The state board has sixty days to act on the recommendation of the county board and may reject the board's recommendation. If the state board fails to act within sixty days, the recommendation of the county board is deemed approved. In addition to the above, the Chester County Agricultural Land Preservation Board serves as an advisory body to the Chester County Commissioners in the purchase of agricultural conservation easements with monies generated by bonds issued by the county. In this role, the county board makes recommendations to the county commissioners in a similar fashion to the recommendations made to the State Agricultural Land Preservation Board. The difference being that there is no deemed approval with regard to the recommendations made to the county commissioners for purchase of agricultural conservation easements. If a purchase is approved, the state and /or the county will issue a check for the purchase price. Letter of March 3, 1992, at 1 -2. You specifically inquire whether Members of the Board would be defined as public employees or public officials under the Ethics Law or would fall within the exception to the definition of "public official," which excludes members of advisory .boards with no authority either to expend public funds other than reimbursing personal expenses or to otherwise exercise the power of the state or a political subdivision. Discussion: The question which you have posed- is not a novel issue. In Bollinger, Advice 91 -548, a Board Member of the Lebanon County Farmland Preservation Board was considered to be a "public official" subject to the Ethics Law based upon a review of the Agricultural Area Security Law, 3 P.S. $901 et ms g., and specifically the powers of the Board set forth at 3 P.S. S914.1. Bollinger, Advice 91-548 at. 2 -3 These statutory powers and duties also apply to the Chester County Board Members and include but are not limited to the following: (1) Adopting rules and regulations for Thomas C. Abrahamsen, Esquire April 17, 1992 Page 3 administering the countywide program including the rules and regulations governing the submission of , applications, and establishing standards and procedures for appraising eligible properties and for selecting or purchasing agricultural conservation easements; 1 (2) Executing agreements in the •name of Chester County to purchase. agricultural conservation easements; (3) Using County funds to purchase, in the name of Chester County, agricultural conservation easements within :"agricultural security 'areas "; (4) Making recommendations to the State Board ' for purchase by the Commonwealth 'or for purchase jointly with the Commonwealth s agricultural conservation easements; r (5) Purchasing agricultural conservation easements jointly with the Commonwealth. See, 3 P.S. S914.1(b). Additionally, the Chester County Board has the statutory power to select and retain an independent licensed real estate appraiser to determine market value •and farmland: value, and the. Board also has the power to "establish the agricultural value and the nonagricultural value of the property subject to the agricultural conservation easement." 3 P.S. §914.1(f). It is further noted that your letter of inquiry acknowledges that the Board evaluates the applications offering to sell agricultural conservation easements to the Commonwealth or the County, and the Board decides which parcels of property will be appraised after which it makes its recommendations to the State Board. When such powers and duties are compared to the operative definition of "public official" as set forth in the Ethics Law there can be no doubt that Chester County Board Members are in fact within the parameters of that definition and are subject to the provisions of the Ethics Law and the •restrictions - therein. (See, Bollinaer, supra; see also, Wolff, Opinion 89 -030 (regarding Members of the State Agricultural Land Preservation Board)). The Thomas C. Abrahamsen, Esquire April 17, 1992 Page 4 fact that the Board also serves as an advisory body to the Chester County Commissioners does not alter the fact that the powers and duties under the Agricultural Area Security Law bring the Board Members within the purview of the Ethics Law as "public officials." Each Board Member must therefore comply with the requirements for filing Statements of Financial Interests as set forth in Sections 4 and 5 of the Ethics Law. Conclusion: Members of the Chester County Agricultural Land Preservation Board are to be considered "public officials" subject to the provisions of the Ethics Law. Accordingly, each Member of the Chester County Agricultural Land Preservation Board must file a Statement of Financial Interests for each year in which the Member holds the position and for the year following termination of this service. If they have not already done so, each Member of the Chester County Agricultural Land Preservation Board must file a Statement of Financial Interests within 15 days of this Advice. This Statement of Financial Interests would report information of the prior calendar year. Pursuant to Section 7(11), this Advice is a complete defense 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 have any reason to challenge same, you may request that the full Commission review this Advice. A personal appearance before the Commission will be scheduled and a formal Opinion from the Commission will be issued. Any such appeal must be in writing and must be received at the Commission within 15 days of the date of this Advice pursuant to 51 Pa. Code S2.12. S' cerely, V ncentJ7. Do ko Chief Counsel