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HomeMy WebLinkAbout26-506 VanelliPHONE: 717-783-1610 TOLL FREE: 1-800-932-0936 To the Requester: Christopher Vanelli Dear Mr. Vanelli: STATE ETHICS COMMISSION FINANCE BUILDING 613 NORTH STREET, ROOM 304 HARRISBURG, PA 17120-0400 ADVICE OF COUNSEL February 4, 2026 FACSIMILE: 717-787-0806 WEBSITE: www.ethics.pa.gov 26-506 This responds to your letter received January 14, 2026, by which you requested an advisory from the Pennsylvania State Ethics Commission ("Commission"), seeking guidance as to the issue presented below: Issue: Facts: Whether a township supervisor (the "Township Supervisor") would 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 participating in discussions, votes, or other actions of the township board of supervisors (the "Township Board of Supervisors") pertaining to the appointment of another individual (the "Individual") serving on the Township Board of Supervisors to the position of township manager ("Township Manager"), where: (1) the Individual is not a relative of the Township Supervisor; (2) the Individual is employed as the executive director of a municipal authority (the "Authority"); and (3) the Township Supervisor is a Member of the Board of Directors of the Authority. Brief Answer: NO. Because the Individual is not a member of the Township Supervisor's immediate family, there is no basis in the submitted facts upon which to conclude that the Township Supervisor would have a conflict of interest under Section 1103(a) of the Ethics Act with regard to participating in discussions, votes, or other actions of the Township Board of Supervisors pertaining to the appointment of the Individual to the position of Township Manager. You request an advisory from the Commission based upon the following submitted facts. Vanelli, 26-506 February 4, 2026 Page 2 You are a Supervisor for Richland Township ("Township"), which is located in Bucks County, Pennsylvania. The Township Board of Supervisors consists of three Members. You are also a Member of the Board of Directors of the Richland Township Water Authority ("Authority"). One of the other two individuals serving with you on the Township Board of Supervisors (the "Individual") is the Executive Director of the Authority. As a Member of the Authority Board, you are often called to vote on matters that may affect the Individual's employment relationship with the Authority. The Individual is not your relative. At the public meeting of the Township Board of Supervisors held on January 5, 2026, the third Township Supervisor suggested that the Township Board of Supervisors consider appointing the Individual to the position of Township Manager. You state that the Authority would need to be involved if the potential appointment of the Individual as the Township Manager would move forward. You seek guidance as to whether there are any provisions of the Ethics Act that would prohibit you from participating in discussions, votes, or other actions of the Township Board of Supervisors pertaining to the appointment of the Individual to the position of Township Manager. Discussion: It is initially noted that 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 of the material facts relevantto the inquiry. 65 Pa.C.S. §§ 1107(10), (11). An advisory only affords a defense to the extent the requester has truthfully disclosed all of the 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 Vanelli, 26-506 February 4, 2026 Page 3 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), 0). 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. "Immediate family." A parent, spouse, child, brother or sister. 65 Pa.C.S. § 1102. Subject to the statutory exclusions to the Ethics Act's definition of the term "conflict" or "conflict of interest" (i.e., the "de minimis exclusion" and the "class/subclass exclusion"), 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 Vanelli, 26-506 February 4, 2026 Page 4 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 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. As a Township Supervisor and as a Member of the Authority Board of Directors, you are a public official subject to the provisions of the Ethics Act. Pursuant to Section 1103(a) of the Ethics Act, in each of your capacities as a public official, you generally would have a conflict of interest in matters 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. Because the Individual is not a member of your immediate family, there is no basis in the submitted facts upon which to conclude that you would have a conflict of interest under Section 1103(a) of the Ethics Act with regard to participating in discussions, votes, or other actions of the Township Board of Supervisors pertaining to the appointment of the Individual to the position of Township Manager. Therefore, the Ethics Act would not prohibit you from participating in matters pertaining to the appointment of the Individual to the position of Township Manager. 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 Vanelli, 26-506 February 4, 2026 Page 5 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, LD e-, L- ::�� 1�1 �— 1-� Bridget K. Guilfoyle Chief Counsel