HomeMy WebLinkAbout80-018 DeWaneTO:
FACTS:
DISCUSSION:
D. R. DeWane
Borough Manager
Ulysses, PA 16948
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
March 12,1980
RE: Councilmember Serving as an Employee of Borough
Opinion # 80 -018
On January 8, 1980 D. R. DeWane, Borough Manager of
the Borough of Ulysses, Potter County, Pennsylvania informed
the Commission that Dexter Angood was an elected councilmember
of the Borough of Ulysses, and is employed as the sole law
enforcement officer of the borough in his elected position
as constable. Mr. Angood was elected to the position of
constable by write -in vote, as he was runing on the ticket
in "The Peoples Choice" political party for the office of
county commissioner. He did not win that office.
Mr. DeWane advises that the borough solicitor gave an
opinion to the council that Mr. Angood could serve on the
board and earn a $400 monthly salary only if the monies
represented "expenses" incurred. He lists expenses as milage,
uniform, telephone, and secretarial services, although he
does not wear a uniform.
Mr. DeWane advises that Mr. Angood refers to himself
as a police chief.
The issue is whether a borough council can employ one
of its members consistent with the State Ethics Act.
Section 3(d) of the State Ethics Act permits the Commission
to address other areas of possible conflict under Act 170. A
governmental body may employ one of its own members if a public
announcement is made at a meeting or by advertisement, that a
position is open. The announcement should be made at the pre-
vious public meeting or by advertisement giving sufficient time
for other persons to make their interest known.
DeWane
March 12, 1980
Page 2
CONCLUSION:
PJS /alf -3
The State Ethics Act does not bar a borough from hiring
one of its members, however, there must be prior public notice
of the position being offered and the terms of the position.
Section 3(c) does not apply to persons who are currently
public officials or public employees.
This opinion is limited only to the State Ethics Act.
The Commission in no way questions the borough solicitor's
construction of the Borough Code which shall apply in full as
construed by the borough solicitor.
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 re-
liance on the advice given.
This letter is a public record and will be made available
as such.
Paul J. Smit
Chairman
P.S. In your letter you also mentioned that the Mayor had resigned.
The Mayor is advised that he must file a Statement of Financial
Interest since he was a public official in 1979, Carter, 79 -66.