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HomeMy WebLinkAbout25-552-S Oister PHONE: 717-783-1610 STATE ETHICS COMMISSION FACSIMILE: 717-787-0806 TOLL FREE: 1-800-932-0936 FINANCE BUILDING WEBSITE: www.ethics.pa.gov 613 NORTH STREET, ROOM 304 HARRISBURG, PA 17120-0400 ADVICE OF COUNSEL January 12, 2026 To the Requester: Russel Oister 25-552-S Dear Mr. Oister: This responds to your email received December 21, 2025, by which you requested a supplemental advisory from the Pennsylvania State Ethics Commission (“Commission”), seeking guidance as to the general issue presented below: Issue: Whether a newly elected township supervisorwould have a conflict of interest under Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), with regard to voting on matters pertaining to developers and their projects in the township based solely on the submitted facts that prior to being elected, the township supervisor: (1) met with the developers in person several times; (2) had phone and text conversations with the developers; (3) received campaign contributions from the developers; and (4) promised the developers that there would be communication with them. Brief Answer: NO. The township supervisor’s pre-election communications with the developers and his receipt of campaign contributions from the developers, standing alone, would be insufficient to establish a basis for the township supervisor to have a conflict of interest in matters pertaining to the developers or their projects. Accordingly, unless there would be some basis for a conflict of interest such as a private pecuniary benefit to the township supervisor, a member of his immediate family, or a business with which he or a member of his immediate family is associated, the township supervisor would not have a conflict of interest under Section 1103(a) of the Ethics Act with regard to voting on matters pertaining to the developers’ projects. Facts: Oister, 25-552-S January 12, 2026 Page 2 By email received November 17, 2025, you initially requested an advisory from the Commission. In response to your initial advisory request, Oister, Advice of Counsel 25-552, was issued to you on November 20, 2025. Advice of Counsel 25-552 was based upon the following submitted facts: You have been elected as a Supervisor for New Hanover Township(“Township”), which is located in Montgomery County. During your election campaign, you received campaign contributions from developers that have projects in the Township. You are not employed by any of these developers, and you do not have any financial interests in any of these developers’ companies. You ask whether the Ethics Act would require you to recuse yourself from votes pertaining to the projects of the developers that contributed to your election campaign. Oister, Advice of Counsel 25-552, at 1-2. Advice of Counsel 25-552 determined as follows: As a Township Supervisor, you are a public official subject to the provisions of the Ethics Act. Pursuant to Section 1103(a) of the Ethics Act, you generally would have a conflict of interest in matters before the Township Board of Supervisors that would financially impact you, a member of your immediate family, or a business with which you or a member of your immediate family is associated. A public official’s receipt of a campaign contribution would not in and of itself form the basis of a conflict of interest for the public official in matters pertaining to the donor of the campaign contribution. As such, your receipt of campaign contributions from a developer in and of itself would not be a basis for you to have a conflict of interest in a matter involving the developer. Accordingly, absent some basis for a conflict of interest such as a private pecuniary benefit to you, a member of your immediate family, or a business with which you or a member of your immediate family is associated, you would not have a conflict of interest under Section 1103(a) of the Ethics Act with regard to voting on matters pertaining to projects of the developers that contributed to your campaign for election as a Township Supervisor. In each instance of a conflict of interest, you would be required to abstain from participation, which would include voting Oister, 25-552-S January 12, 2026 Page 3 unless one of the statutory exceptions of Section 1103(j) of the Ethics Act would be applicable. Additionally, the disclosure requirements of Section 1103(j) of the Ethics Act would have to be satisfied in the event of a voting conflict. Oister, Advice of Counsel 25-552, at 4. In your email received December 21, 2025, you state that others have questioned whether you provided all of the relevant facts in your initial advisory request. You statethat prior to being elected as a Township Supervisor, you not only received campaign contributions from developers that have projects in the Township but also met with developers up to three times in person, had several phone conversations with developers, had some text conversations with developers, and promised developers that there would be communication with them. In light of the above additional facts, you ask whether the Ethics Act would require you to recuse yourself from votes pertaining to the projects of the developers that you communicated with prior to your election as a Township Supervisor and that contributed to your election campaign. Discussion/Conclusion: This supplemental advisory incorporates herein by reference the quotations, citations, and commentary as to the Ethics Act set forth within Oister, Advice of Counsel 25-552. In response to your request for a supplemental advisory, you are advised as follows. As a Township Supervisor, you are a public official subject to the provisions of the Ethics Act. Pursuant to Section 1103(a) of the Ethics Act, you generally would have a conflict of interest in matters before the Township Board of Supervisors that would financially impact you, a member of your immediate family, or a business with which you or a member of your immediate family is associated. As noted in Advice of Counsel 25-552, your receipt of campaign contributions from a developer in and of itself would not be a basis for you to have a conflict of interest in a matter involving the developer. Additionally, the mere factsthat you had in-person, phone, or text conversations with a developer prior to your election as a Township Supervisor and promised that there would be communication with a developer would be insufficient to establish a basis for you to have a conflict of interest in matters involving that developer or its project. Accordingly, as noted in Advice of Counsel 25-552, unless there would be some basis for a conflict of interest such as a private pecuniary (financial) benefit to you, a member of your immediate family, or a business with which you or a member of your immediate family is associated, you would not have a conflict of interest under Section 1103(a) of the Ethics Act with regard to voting on matters pertaining to projects of developers that you communicated with prior to your election as a Township Supervisor and that contributed to your election campaign. In each instance of a conflict of interest, you would be required to abstain from participation, which would include voting unless one of the statutory exceptions of Section 1103(j) Oister, 25-552-S January 12, 2026 Page 4 of the Ethics Act would be applicable. Additionally, the disclosure requirements of Section 1103(j) 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 theAdvice 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 scheduledand 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