HomeMy WebLinkAbout80-008 FritzingerTO:
RE:
FACTS:
DISCUSSION:
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STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
January 17, 1980
Theodore R. Fritzinger
Landscape Architect
R.D. #3, Box 355
Allentown, PA 18104
OPINION NUMBER 80 -008
Member of the State Board of Landscape Architects
Serves as a Board Member of the Pennsylvania
Nurserymen Association.
On September 20, 1979, Theodore R. Fritzinger, Landscape
Architect, and member of the State Board of Landscape Architects
informed Mr. Stanley A. Miller, Commissioner of Professional and
Occupational Affairs, that he was also a board member of the
Pennsylvania Nurserymen Association. He further advised that he
represents the nurserymen on the State Board of Landscape Archi-
tects.
The issue is whether a board member of the Pennsylvania
Nurserymen Association may serve on the State Board of Landscape
Architects.
Section 3(d) of the State Ethics Act permits the Commission
to address other areas of possible conflict.
The Commission has previously held that as a general rule
a member of a State Regulatory board cannot be an officer in a
State Trade association. Lutton, 79 -024, Vavro, 79-074.
A conflict of interest exists when an individual represents
two or more persons whose interest is adverse to each other. As
a board member of the Pennsylvania Nurserymen Association,
Mr. Fritzinger has the duty and responsibility to protect the
public interest by regulating nurserymen. These positions are
adverse to each other.
Theodore R. Fritzinger
January 17, 1980
Page 2
CONCLUSION:
PJS /alf -3
Therefore, Mr. Fritzinger must resign as a board member of
the Pennsylvania Nurserymen Association or the State Board of
Landscape Architects.
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 reli-
ance on the advice given.
This letter is a public record and will be made available
as such.
AUL J. •PITH
Chairman/