HomeMy WebLinkAbout26-533 Cronin
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
May 27, 2026
To the Requester:
George Cronin
26-533
Dear Mr. Cronin:
This responds to your letter dated April 29, 2026, by which you requested an advisory from
the Pennsylvania State Ethics Commission (“Commission”), seeking guidance as to the issue
presented below:
Issue:
1
WhetherSection 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”),
pertaining to conflict of interest, would prohibit an individual serving as a township
commissioner from acting in his private capacity as a township resident to solicit grant
funding from corporations and charitable foundations for a renovation project for the fire
station of a volunteer fire company that provides fire protection and emergency services to
the township.
Brief Answer: NO. Because Section 1103(a) of the Ethics Act imposes restrictions upon
the individual in his public capacity as a township commissioner rather than upon him in
his private capacity, Section 1103(a) would not prohibit the individual, as a township
resident, from soliciting grant funding from corporations and charitable foundations for the
volunteer fire company’s renovation project. The individual’s solicitation of private grant
funding for the volunteer fire company’s renovation project would not serve as a basis for
the individual to have a conflict of interest in matters before the township board of
commissioners pertaining to an entity that was solicited for such funding.
1
65 Pa.C.S. § 1103(a).
Cronin, 26-533
May 27, 2026
Page 2
Facts:
Yourequest an advisory from the Commission based upon submitted facts that may be
fairly summarized as follows.
You are a Commissioner for York Township (“Township”), located in York County,
Pennsylvania. Your duties as a Member of the Township Board of Commissioners (“Board of
Commissioners”) include, in pertinent part, voting on the Township budget, appropriations, and
expenditures, including any allocations to or contracts with fire companies that operate within the
Township.
The Goodwill Fire Company (“the Fire Company”), a volunteer fire company located in
the Township, provides fire protection and emergency services to the Township and the
surrounding region. You are not an employee, officer, or member of the Fire Company. As a
Township Commissioner, you have participated in votes on municipal appropriations that have
provided financial support to the Fire Company.
The Fire Company is undertaking a comprehensive renovation project for its fire station at
an estimated cost of approximately $1.5 million. The renovations will include the replacement of
HVAC systems, the addition of facilities for women, and the construction of a firefighter live-in
residential program.
In connection with the renovation project, you have assisted in the preparation of a written
solicitation that would be directed to corporations and charitable foundations to secure private
grant funding to support the renovation project. The solicitation materials name you as the primary
point of contact for the renovation project in your personal capacity as a citizen and community
member. The solicitation materials do not identity you as a Township Commissioner, and you are
not invoking the authority of your public office in connection with this fundraising activity. You
are not aware of any current or pending contracts between the Township and any of the
corporations or charitable foundations that may be approached in connection with the solicitation
for grant funding for the renovation project, but it is possible that some of the corporate entities to
be solicited may at some point in time have business before the Board of Commissioners.
You state that you are not seeking or receiving any personal financial benefit from the
renovation project or the fundraising activity connected to it. Your interest is solely in supporting
the operational and infrastructure needs of the Fire Company and in promoting the viability of
volunteer fire service as a cost-effective alternative to a career fire department model.
You seek guidance as to whether the Ethics Act would impose any prohibitions or
restrictions upon you in relation to your solicitation of private grant funding for the Fire
Company’s renovation project in your capacity as a Township resident.You further ask whether
there are any conditions, disclosures, or recusals that the Commission would recommend to ensure
that your activity, even when conducted in a strictly private capacity, would not give rise to an
appearance of impropriety or other ethical concerns.
Cronin, 26-533
May 27, 2026
Page 3
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 1103(j) 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.
(j) 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), 1103(j).
The following terms related to Section 1103(a) are defined in the Ethics Act as follows:
Cronin, 26-533
May 27, 2026
Page 4
§ 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 includevoting unless one of the statutory exceptions
of Section 1103(j) of the Ethics Act would be applicable. Additionally, the disclosure
Cronin, 26-533
May 27, 2026
Page 5
requirements of Section 1103(j) 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 Commissioner, 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 Board of Commissioners 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.
Section 1103(a) of the Ethics Act imposes restrictions upon you in your capacity as a
Township Commissioner rather than upon you in your private capacity. Therefore, Section
1103(a) of the Ethics Act would not prohibit you from soliciting grant funding from corporations
and charitable foundations for the Fire Company’s renovation project in your private capacity as
a Township resident. Your solicitation of such grant funding from a particular entity would not
serve as a basis for you to have a conflict of interest under Section 1103(a) with regard to a matter
before the Board of Commissioners pertaining to that entity.
The Fire Company would not be considered a business with which you are associated
because under the submitted facts, you are 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 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 participating in
discussions or votes of the Board of Commissioners on appropriations to the Fire Company or
other matters pertaining to the Fire Company.
As noted above, 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) 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 the Advice given.
This letter is a public record and will be made available as such.
Cronin,26-533
May 27, 2026
Page 6
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 receivedat 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