HomeMy WebLinkAbout80-007 AlfanoTO:
RE:
FACTS:
DISCUSSION:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
January 17, 1980
OPINION NO. 80 -007
Anthony P. Alfano
State Board of Barber Examiners
1532 Second Avenue
York, PA 17403
Member of the State Board of Barber Examiners
acting as Chairman of the Pennsylvania Legislative
Counsel of Organized Barbers
On September 24, 1979 Anthony P. Alfano, Vice Chairman
of the State Board of Barber Examiners, wrote this Commission
commenting on the questionnaire he supplied to Commissioner
Miller concerning his other occupational interests.
Mr. Alfano was elected Chairman of the Pennsylvania
Legislative Counsel of Organized Barbers on June 23, 1979.
The Counsel is a lobby group composed of four
organizations: The Associated Master Barbers and Beauticians
of Pennsylvania, The International Union of Journeymen
Barbers, The Pennsylvania League of Master Barbers, The
Barber Schools Association.
It meets infrequently; the last meeting prior to
the June one was two years before that.
The function of the Counsel is to review and analyze
legislative proposals, and make recommendations to
legislators concerning the proposals before them.
The issue is whether an officer of a State Association
which lobbies the legislature infrequently may serve as a
member of the State Board of Barber Examiners.
Section 1 of the State Ethics Act states that public
officials shall "present neither a conflict nor the appearance
of a conflict with the public trust." A conflict of interest
exists when an individual represents two or more persons whose
interest is adverse to each other. As Chairman of the
Pennsylvania Legislative Counsel of Organized Barbers,
Mr. Alfano has the duty and responsibility to further the
Anthony P. Alfano
January 17, 1980
Page 2
economic interest of barbers. As a member of the State Board
of Barber Examiners, he has the duty to protect the public
from certain procribed activities of barbers. He also has
the duty to compel barbers to take certain measures to
protect the public interest.
Since both of these organizations function at the same
level, i.e. the state level, they are in conflict with each
other.
On December 19, 1979, the Commission held that
Mr. Vavro must resign as an officer of the State Association
of Barbers if he desires to continue as a member of the
State Board of Barber Examiners.
CONCLUSION:
Mr. Alfano is likewise advised that he should resign
as Chairman of the Pennsylvania Legislative Counsel of
Organized Barbers if he desires to continue as a member of
the State Board of Barber Examiners.
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 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.
PJS /rdp -2
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AUL J( �$M'ITH
Chairman]