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HomeMy WebLinkAbout24-503-S WillsPHONE: 717-783-1610 TOLL FREE: 1-800-932-0936 STATE ETHICS COMMISSION FINANCE BUILDING 613 NORTH STREET, ROOM 309 HARRISBURG, PA 17120-0400 ADVICE OF COUNSEL June 10, 2025 To the Requester: John Jay Wills, Esquire Dear Mr. Wills: FACSIMILE: 717-787-0806 WEBSITE: www.ethics.pa.gov 24-503-S This responds to your letter dated May 27, 2025, by which you requested a supplemental advisory from the Pennsylvania State Ethics Commission ("Commission"), seeking guidance as to the issue presented below: Issue: Whether an individual serving as a Member of Council for Parkside Borough ("Borough") would have a conflict of interest pursuant to Section 1103(a) of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1103(a), with regard to voting on the quarterly dispersal of Borough funds allocated to the Parkside Fire Company (the "Fire Company") for fire protection, suppression, and rescue services, where the individual serves as a Member of the Executive Board of the Fire Company. Brief Answer: YES. Based upon the submitted facts, the Parkside Fire Company is a business with which the individual is associated in her capacity as a Member of the Fire Company Executive Board. Pursuant to Section 1103(a) of the Ethics Act, the individual generally would have a conflict of interest in matters before Borough Council that would financially impact her, a member of her immediate family, or the Fire Company. The individual specifically would have a conflict of interest with regard to voting on the quarterly dispersal of Borough funds allocated to the Fire Company for fire protection, suppression, and rescue services. Facts: Wills, 24-503-5 June 10, 2025 Page 2 By letter dated December 22, 2023, you initially requested an advisory from the Commission on behalf of Sarah Haynes ("Ms. Haynes"). In response to your initial advisory request, Haynes, Advice of Counsel 24-503, was issued to you on January 9, 2024. Advice of Counsel 24-503 was based upon submitted facts that were summarized as follows: Ms. Haynes was elected as a Member of Council for Parkside Borough ("Borough"), Delaware County, Pennsylvania, in November 2023 for a term of office beginning on January 2, 2024. On December 20, 2023, Borough Council adopted a Borough budget for 2024 which allocated funds totaling $135,000 to the Parkside Fire Company (the "Fire Company") for fire protection, suppression, and rescue services. Funds allocated to the Fire Company for such services are traditionally dispersed to the Fire Company in quarterly installments through a vote of Borough Council at its monthly meetings in January, April, July, and October. Ms. Haynes serves as a part-time volunteer firefighter with the Fire Company. You ask whether Ms. Haynes would have a conflict of interest with regard to voting on the quarterly dispersal of the funds allocated to the Fire Company. Haynes, Advice of Counsel 24-503, at 2. Advice of Counsel 24-503 determined as follows: As a Borough Council Member, Ms. Haynes is a public official subject to the provisions of the Ethics Act. Pursuant to Section 1103(a) of the Ethics Act, Ms. Haynes generally would have a conflict of interest in matters that would financially impact her, a member of her immediate family, or a business with which she or a member of her immediate family is associated. Even if the Fire Company would be considered a "business" as that term is defined in the Ethics Act (which cannot be determined from the submitted facts), the Fire Company would not be considered a business with which Ms. Haynes is associated because under the submitted facts, Ms. Haynes is not a director, officer, owner, employee, or holder of a financial interest in the Fire Company. Therefore, unless there would be a basis for a conflict of interest such as a private pecuniary (financial) benefit to Ms. Haynes, a member of her immediate family, or a business with which she or a member of her immediate family is associated, Ms. Haynes would not have a conflict of interest under Section 1103(a) Wills, 24-503-S June 10, 2025 Page 3 of the Ethics Act as a Borough Council Member with regard to voting on the quarterly dispersal of the funds allocated to the Fire Company. Haynes, Advice of Counsel 24-503, at 4 In your letter dated May 27, 2025, you state that Ms. Haynes was recently elected as a Fire Captain of the Fire Company. You further state that Ms. Hayne's husband was recently elected as Treasurer of the Parkside Fire Company Relief Association (the "Fire Company Relief Association"). By email received on June 8, 2025, the President of the Fire Company, Stephen Edwards, submitted the following additional facts. The membership of the Executive Board of the Fire Company is composed of the following Fire Company officers and positions: (1) President; (2) Vice President; (3) Treasurer; (4) Relief Treasurer; (5) Secretary; (6) five Trustees; (7) Fire Chief, and (8) two Fire Captains. Ms. Haynes serves as a Member of the Executive Board in her capacity as a Fire Company Fire Captain. The Fire Company receives funds from the Borough which are used to pay the Fire Company's main expenses such as monthly bills, costs associated with making repairs, and other expenses associated with the Fire Company's day-to-day operations. All funds provided to the Fire Company by the Borough are deposited into one bank account. The Fire Company Relief Association receives funds from the Commonwealth which may be used only for expenditures permitted under state law governing volunteer firefighters' relief associations (see, 35 Pa.C.S. §§ 7411 — 7419.1). These funds are deposited into a separate bank account. In light of the above facts, you ask whether Ms. Haynes would have a conflict of interest with regard to voting on the quarterly dispersal of Borough funds allocated to the Fire Company for fire protection, suppression, and rescue services. Discussion/Conclusion: This supplemental advisory incorporates herein by reference the quotations, citations, and commentary as to the Ethics Act set forth within Haynes, Advice of Counsel 24-503. In response to your request for a supplemental advisory, you are advised as follows. As a Member of Borough Council, Ms. Haynes is a public official subject to the provisions of the Ethics Act. Based upon the additional facts submitted in this matter, the Fire Company is a "business" as that term is defined by the Ethics Act, and the Fire Company is a business with which Ms. Haynes is associated in her capacity as a Member of the Fire Company Executive Board. Pursuant to Section 1103(a) of the Ethics Act, Ms. Haynes generally would have a conflict of interest in matters before Borough Council that would financially impact her, a member of her immediate family such as her husband, or a business with which she is associated such as the Fire Company. Ms. Haynes specifically would have a conflict of interest with regard to voting on the Wills, 24-503-5 June 10, 2025 Page 4 quarterly dispersal of Borough funds allocated to the Fire Company for fire protection, suppression, and rescue services.' In each instance of a conflict of interest, Ms. Haynes would be required to abstain from participation, which would include voting unless one of the statutory exceptions of Section 11030) of the Ethics Act would be applicable. Additionally, the disclosure requirements of Section 11030) of the Ethics Act would have to be satisfied in the event of a voting conflict. Lastly, the propriety of the proposed conduct has only been addressed under the Ethics Act. Pursuant to Section 1107(11) of the Ethics Act, an 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, provided the requester 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 appeal the Advice to the full Commission. A personal appearance before the Commission will be scheduled and a formal Opinion will be issued by the Commission. Any such appeal must be in writing and must be actually received at the Commission within thirty (30) days of the date of this Advice pursuant to 51 Pa. Code § 13.2(h). The appeal may be received at the Commission by hand delivery, United States mail, delivery service, or by FAX transmission (717-787-0806). Failure to file such an appeal at the Commission within thirty (30) days may result in the dismissal of the appeal. Respectfully, ,. Bridget K. Guilfoyle Chief Counsel 1 Ms. Haynes also generally would have a conflict of interest in matters before Borough Council that would financially impact the Fire Company Relief Association, which is a business with which her husband is associated in his capacity as the Treasurer of the Fire Company Relief Association. However, there is no indication in the submitted facts that the Borough's disbursement of funds allocated to the Fire Company would financially impact the Fire Company Relief Association. Therefore, Ms. Hayne's husband's association with the Fire Company Relief Association would not serve as an additional basis for Ms. Haynes to have a conflict of interest with regard to the Borough's disbursement of funds allocated to the Fire Company.