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HomeMy WebLinkAbout92-634Mr. Warren R. Williams Susquehanna County Commissioners P.O. Box 218 Courthouse Montrose, PA 18801 Dear Mr. Williams: STATE ETHICS COMMISSION 309 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717)783.1610 ADVICE OF COUNSEL October 20, 1992 92 -634 Re: Conflict, Public Official / County Commissioner, Reimbursement of Mileage. This responds to your letter of August 27, 1992 in which you requested .. advice from the State Ethics Commission, Issue: Whether the Public Official and Employee Ethics Law presents any prohibition or restrictions upon a county commissioner with regard to the reimbursement of mileage for travel from his residence to the courthouse, or for attending functions away from the courthouse. Facts: As Chairman of the County Commissioners for Susquehanna County, Pennsylvania, you seek an advisory from the State Ethics Commission regarding the reimbursement of mileage by the County to you under the following circumstances: 1. Travel from your place of residence to the Courthouse on regularly scheduled meeting days. 2. Travel from your place of residence to the Courthouse to attend scheduled work sessions. 3. Travel from your place of residence to the tclurthouse on days when there are neither scheduled meetings nor scheduled work sessions. 4. Your attendance at functions away from the Courthouse, with regard to whether mileage should be reimbursed from your place of residence or from the Courthouse. You have submitted a letter from County Solicitor L. Carter Mr. Warren R. Williams October 20, 16992 Page 2 c. Anderson dated September 8, 1992, on the suhject of personal expense accounts including, inter -alia,, an analysis of the question of mileage reimbursement, which letter is incorporated herein by reference. Discussion: As Chairman of the County Commissioners for Susquehanna. County, Pexnsylvania, 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 entplo free 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 any confidential information received through his holding public office or employment -for the private pecuniary benefit of himself,xa 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 rninimis 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 emp'loyment; 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 Mr. Warren R. Williams October 20, 1992 Page 3 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. The County Code sets forth the following provisions: 51605. Officers subject to this subdivision to be paid salaries All county officers to which this subdivision applies, whether elected by the people or appointed according to law, and their several deputies and clerks, shall be paid for their services by fixed and specific salaries, which shall be a charge upon the treasury of the county to which each shall respectively belong, to the extent, except as provided in section one thousand six hundred eight, of the fees collected and paid in by each officer respectively, or earned, where fees are chargeable upon the county treasury, and said salaries shall be paid weekly, bi- weekly, semi - monthly or monthly during the month in which the services were rendered, at the discretion of the county commissioners of the county. No voucher check shall be drawn for the payment of any said officer, his deputies or clerks who shall not have filed the receipt and transcript for that month provided for in this subdivision. 16 P.S. S1605. 51608. Payment of certain officers The county :solicitor, county jailer, county commissioners, county controller, county engineer, county detectives, county treasurer, interpreter of courts, district attorney and his assistants, and in counties of the sixth, seventh and eighth classes all county officers whom a salary is fixed by law and the deputies, clerk* and employes of their respective offices, shall severally be paid weekly, bi- weekly, semi - monthly or monthly, at the discretion of the county commissioners of the county. They shall be Mr. Warren R. Williams October 20, 1992 Page 4 paid the full amount allowed them by law, but all fees and embluments whatsoever 'that may accrue to any of them by virtue of his office shall be paid by him to the county treasurer as directed by law, and other officers shall be paid the amounts assigned "them by law in accordance with the provisions of this subdivision. 16 P.S. §1608. S1609. Salaries in Lieu of ;Fees Except to the extent this section may inconsistent with the provisions of any other express provision of this act, the salaries fixed and provided by law for county officers ,shall be lieu of all or any moneys, fees, perquisites, or mileage expenses, and other allowances received or allowed to any such .officer, and all such moneys, fees, perquisites, or,mileage expenses, and other 'allowances, not governed by the aforesaid exceptions, shall belong to the county and shall be paid into the county treasury, except where required to be paid to the Commonwealth in the manner provided by this subdivision for fees. 16 'P.S. §1609. .5507. Expenses' The county commissioners shall -be allowed their expenses, necessarily` incurred and 'actually paid, in the discharge of their official or in the performance of any service, office, or duty imposed upon county commissioners. 16 P.S. §507. S414. Mileage bf county officials; and employes All county ,of f iciais and employes may, when authorized, by the county commissioners, be reimbursed ` at the - rate of twelve cents (12C) per `mile for the Of "their personal vehicle' when discharging their official duties or performing a duty unposed- upon them unless provisions of law require the payment of a higher rate. 16 P.S. : S414. S11701.2 Compensation and mileage of commissioners Mr. Warren R. Williams October 20, 1992 Page 5 Notwithstanding the contrary provisions of any other law, whether general, local or special, the annual compensation and mileage of county commissioners acting as incorporated commissioners, for. their services as incorporated commissioners, shall be fixed in the year 1963, and annually thereafter before the beginning of any fiscal year following 1963, by the court of common pleas of the county for which the commissioners serve as incorporated commissioners. 16 P.S. 511701.2. Your first three specific inquiries all pose prospective reimbursement for travel from your place of residence to the courthouse. In Huff, Opinion 84 -015, the State Ethics Commission clearly stated that a county commissioner would not be entitled to reimbursement for travel from his residence to the county seat to conduct county business. Id. at 5 (Citing Susquehanna County Auditors' Report, 118 Pa. Super. 47, 180 A. 148 (1935). Although Huff, supra, was determined under Act 170 of 1978, there is no basis for any different conclusion under Act 9 of 1989. Thus, you are advised that as to each of your first three specific inquiries, you may not be reimbursed for mileage or travel between your place of residence and the courthouse. As for your fourth specific inquiry, you ask whether mileage should be reimbursed from your place of residence or from the courthouse when you are attending a function away from the courthouse. The answer to your fourth specific inquiry would hinge upon an interpretation of the County Code. The State Ethics Commission does not have the express statutory jurisdiction to interpret the County Code. Therefore, this advisory cannot and does not offer any interpretation as to whether mileage for a function away from the courthouse may be reimbursed from your place of residence or from the courthouse under the County Code. It is recommended that you seek the advice of legal counsel with regard to restrictions of the County Code. However, you are advised that under the Ethics Law, it would be a violation of the Ethics Law for you, as a County Commissioner, to request expense reimbursements in excess of those to which you are entitled. (See, Hagen, Order No. 554 -R). 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 Chairman of the County Commissioners for Susquehanna County, Pennsylvania, you are a public official subject Mr. Warren R. Williams October 20, 1992 Page 6 to 51 Pa. Code §2.12. to the provisions of the Ethics Law. Section 3(a) of the Ethics Law would preclude mileage reimbursement for your travel between your place of residence and the Courthouse. This advisory specifically does not address whether mileage may 'be reimbursed from your place of residence or from the Courthouse for attendance at functions away from the Courthouse. Lastly, the propriety of the proposed conduct has only been addressed under the Ethics Law. 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 w`tA Y t incent Dopko Chief Counsel