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To the Requester:
William F. Martin
Dear Mr. Martin:
STATE ETHICS COMMISSION
FINANCE BUILDING
613 NORTH STREET, ROOM 304
HARRISBURG, PA 17120-0400
FACSIMILE: 717-787-0806
WEBSITE: www.ethics.pa.gov
ADVICE OF COUNSEL
December 19, 2025
25-558
This responds to your letter dated November 24, 2025, received December 8, 2025, by
which you requested an advisory from the Pennsylvania State Ethics Commission
("Commission"), seeking guidance as to the issue presented below:
Issue:
Whether, pursuant to Section 1103(a) of the Public Official and Employee Ethics Act
("Ethics Act"), 65 Pa.C.S. § 1103(a), a township supervisor would have a conflict of
interest with regard to participating in discussions or votes of the township board of
supervisors pertaining to the provision of funding to three fire companies that perform fire
and EMS services for the township, where the individual would have no official role with
two of the fire companies and would be a volunteer first responder with the third fire
company.
Brief Answer: Although each of the fire companies is a "business" as that term is defined
in the Ethics Act, none of the fire companies would be considered a business with which
the township supervisor is associated. Therefore, unless there would be a private pecuniary
(financial) benefit to the township supervisor, a member of the township supervisor's
immediate family, or a business with which the township supervisor or an immediate
family member is associated, the township supervisor would not have a conflict of interest
under Section 1103(a) of the Ethics Act with regard to participating in discussions or votes
of the township board of supervisors pertaining to the provision of funding to any of the
three fire companies.
Martin, 25-558
December 19, 2025
Page 2
Facts:
As the Township Manager for Tredyffrin Township ("Township"), you have been
authorized by newly elected Township Supervisor Eamon Brazunas ("Mr. Brazunas") to request
an advisory from the Commission on his behalf. You have submitted facts that may be fairly
summarized as follows.
Fire services are provided to the Township by Berwyn Fire Company, Paoli Fire Company,
and Radnor Fire Company. The Township annual budgets include funding to Berwyn Fire
Company and Radnor Fire Company, which respectively will receive $1,248,450 and $93,200
from the Township in 2026.
The Township and Easttown Township have a joint Fire/EMS Working Committee
("Working Committee"). The Township and Easttown Township intend to establish the
Tredyffrin-Easttown Fire Department ("Fire Department"). The Fire Department would be a
separate entity, and the members of its Board of Directors would be appointed by Tredyffrin and
Easttown Townships. The Board of Directors would oversee and approve funding for Berwyn
Fire Company, Paoli Fire Company, and Radnor Fire Company.
Mr. Brazunas has many years of experience with fire and EMS services, and he has been
involved in various capacities with several entities that provide those services. Mr. Brazunas
currently serves as Chief of Fire and Emergency Services for Phoenixville Borough in a full-time
capacity. Prior to taking on his role with Phoenixville Borough, Mr. Brazunas served as the
Executive Director of Radnor Fire Company. Although Mr. Brazunas currently serves as a
Member of the Board of Directors of Radnor Fire Company, he has submitted his resignation
effective this month. Mr. Brazunas is currently the Deputy Chief of Berwyn Fire Company, and
his service in this role will conclude at the end of 2025. As of the beginning of 2026, Mr. Brazunas
will have no official role with Paoli Fire Company or Radnor Fire Company and will remain a
volunteer first responder with Berwyn Fire Company to respond to calls as necessary.
Due to Mr. Brazunas' extensive experience, he will be tasked with serving on the Working
Committee. He will also likely seek to be appointed to the Board of Directors of the Fire
Department. Mr. Brazunas has agreed to limitations on engaging in certain activities involving
Berwyn Fire Company, Paoli Fire Company, and Radnor Fire Company (collectively, "the Fire
Companies") while he is serving as a Township Supervisor, including, in pertinent part, that: (1)
he will not hold an elected board of director position, department head position (President, Fire
Chief or EMS Captain), or other position at any of Fire Companies that involves fiduciary
responsibilities regarding municipal funding received from the Township and Easttown Township;
(2) he will not seek full-time or part-time employment with any of the Fire Companies; and (3)
any volunteer first responder involvement at Berwyn Fire Company will be limited to fire, rescue,
and EMS incident response, incident command system response support in a safety capacity, and
related training.
Based upon the above submitted facts, you seek guidance as to whether Mr. Brazunas
would have a conflict of interest with regard to participating in discussions or votes of the
Martin, 25-558
December 19, 2025
Page 3
Township Board of Supervisors pertaining to the provision of funding to the Fire Companies or
other matters that may financially impact the Fire Companies.
Discussion:
Pursuant to Sections 1107(10) and 1107(11) of the Ethics Act, 65 Pa.C.S. §§ 1107(10),
(11), advisories are issued to the requester based upon the facts that the requester has submitted.
In issuing the advisory based upon the facts that the requester has submitted, the Commission does
not engage in an independent investigation of the facts, nor does it speculate as to facts that have
not been submitted. It is the burden of the requester to truthfully disclose all material facts relevant
to the inquiry. 65 Pa.C.S. §§ 1107(10), (11). An advisory only affords a defense to the extent the
requester has truthfully disclosed all material facts.
Sections 1103(a) and 11030) of the Ethics Act provide:
§ 1103. Restricted activities
(a) Conflict of interest. -- No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
0) Voting conflict. -- Where voting conflicts are not
otherwise addressed by the Constitution of Pennsylvania or by any
law, rule, regulation, order or ordinance, the following procedure
shall be employed. Any public official or public employee who in
the discharge of his official duties would be required to vote on a
matter that would result in a conflict of interest shall abstain from
voting and, prior to the vote being taken, publicly announce and
disclose the nature of his interest as a public record in a written
memorandum filed with the person responsible for recording the
minutes of the meeting at which the vote is taken, provided that
whenever a governing body would be unable to take any action on
a matter before it because the number of members of the body
required to abstain from voting under the provisions of this section
makes the majority or other legally required vote of approval
unattainable, then such members shall be permitted to vote if
disclosures are made as otherwise provided herein. In the case of a
three -member governing body of a political subdivision, where one
member has abstained from voting as a result of a conflict of interest
and the remaining two members of the governing body have cast
opposing votes, the member who has abstained shall be permitted to
vote to break the tie vote if disclosure is made as otherwise provided
herein.
65 Pa.C.S. §§ 1103(a), 11030).
Martin, 25-558
December 19, 2025
Page 4
The following terms related to Section 1103(a) are defined in the Ethics Act as follows:
§ 1102. 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, a member of his immediate family or a business
with which he or a member of his immediate family is associated.
The term does not include an action having a de minimis 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 employment.
"Business." Any corporation, partnership, sole
proprietorship, firm, enterprise, franchise, association, organization,
self-employed individual, holding company, joint stock company,
receivership, trust or any legal entity organized for profit.
"Business with which he is associated." Any business in
which the person or a member of the person's immediate family is a
director, officer, owner, employee or has a financial interest.
65 Pa.C.S. § 1102.
Subject to the statutory exclusions to the Ethics Act's definition of the term "conflict" or
"conflict of interest," 65 Pa.C.S. § 1102, a public official/public employee is prohibited from using
the authority of public office or confidential information received by holding such a public position
for the private pecuniary (financial) benefit of the public official/public employee himself, any
member of his immediate family, or a business with which he or a member of his immediate family
is associated.
The use of authority of office is not limited merely to voting but extends to any use of
authority of office including, but not limited to, discussing, conferring with others, and lobbying
for a particular result. Juliante, Order 809.
In each instance of a conflict of interest, a public official/public employee would be required
to abstain from participation, which would include voting unless one of the statutory exceptions
Martin, 25-558
December 19, 2025
Page 5
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.
Conclusion:
In applying the above provisions of the Ethics Act to the instant matter, you are advised as
follows.
Upon assuming office as a Township Supervisor, Mr. Brazunas would become a public
official subject to the provisions of the Ethics Act. As a public official, Mr. Brazunas would
generally have a conflict of interest under Section 1103(a) of the Ethics Act in matters that would
financially impact him, a member of his immediate family, or a business with which he or a
member of his immediate family is associated.
Each of the Fire Companies is a "business" as that term is defined in the Ethics Act.
However, as of the beginning of 2026, none of the Fire Companies would be considered a business
with which Mr. Brazunas is associated because under the submitted facts, he would not be a
director, officer, owner, employee, or holder of a financial interest in any of the Fire Companies.
Therefore, unless there would be a basis for a conflict of interest such as a private pecuniary
(financial) benefit to Mr. Brazunas, a member of his immediate family, or a business with which
he or a member of his immediate family is associated, Mr. Brazunas would not have a conflict of
interest under Section 1103(a) of the Ethics Act with regard to participating in discussions or votes
of the Township Board of Supervisors pertaining to the provision of funding to the Fire Companies
or other matters that may financially impact the Fire Companies.
In each instance of a conflict of interest, Mr. Brazunas 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
Martin, 25-558
December 19, 2025
Page 6
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