Loading...
HomeMy WebLinkAbout26-548 Karinch 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 July 24, 2026 To the Requester: John M. Karinch 26-548 Dear Mr. Karinch: This responds to your letter dated July 9, 2026, by which you requested an advisory from the Pennsylvania State Ethics Commission (“Commission”), seeking guidance as to the issue presented below: Issue: Whethera borough council member would have a conflict of interest under Section 1103(a) 1 of the Public Official and Employee Ethics Act (“Ethics Act”)with regard to voting on matters before the borough council involving a company that has work done for it by an engineering firmthat employs the borough council member’s son. Brief Answer: Pursuant to Section 1103(a) of the Ethics Act, the borough council member generally would have a conflict of interest in matters before the borough councilthat would financially impact him, his son, or his son’s employer, the engineering firm. The fact that the engineering firm does work for the company, considered alone, would not be a basis for the borough council memberto have a conflict of interest in matters involving the company. Therefore, unless there would be some basis for a conflict of interest such as a private pecuniary (financial) benefit to the borough council member, his son, or the engineering firm, the borough council member would not have a conflict of interest with regard to voting on matters involving the company. Facts: 1 65 Pa.C.S. § 1103(a). Karinch, 26-548 July 24, 2026 Page 2 You are a Member of Council for Cornwall Borough (“Borough”). Your son is employed with an engineering firm (“the Engineering Firm”) that does work for a business known as Cornwall Properties. Your son does not do any work for Cornwall Properties in his role with the Engineering Firm. Cornwall Properties may have matters coming before Borough Council. Another Member of Borough Council has asked you to recuse yourself from voting on issues related to Cornwall Properties. The question posed by your advisory request is whether the fact that your son’s employer, the Engineering Firm, does work for Cornwall Properties would cause you to have a conflict of interest under Section 1103(a) of the Ethics Act with regard to voting on matters before Borough Council involving Cornwall Properties, such that you would be required to abstain from voting on those matters. 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 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 of the 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 Karinch, 26-548 July 24, 2026 Page 3 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), (j). 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. “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. Karinch, 26-548 July 24, 2026 Page 4 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 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. Conclusion: In applying the above provisions of the Ethics Act to the submitted facts of the instant matter, you are advised as follows. As a Borough Council Member, you are a public official subject to the provisions of the Ethics Act. Your son is a member of your “immediate family” as that term is defined by the Ethics Act. The Engineering Firm is a business with which your son is associated in his capacity as an employee of the Engineering Firm. Pursuant to Section 1103(a) of the Ethics Act, you generally would have a conflict of interest as a Borough Council Member with regard to participating in matters that would result in a private pecuniary (financial) benefit to you, a member of your immediate family, or a business with which you or a memberof your immediate family is associated. Accordingly, you generally would have a conflict of interest in matters before Borough Council that would financially impact you, your son, or the Engineering Firm. The fact that the Engineering Firm does work for Cornwall Properties, considered alone, would not be a basis for you to have a conflict of interest as a Borough Council Member in matters involving Cornwall Properties. Therefore, unless there would be some basis for a conflict of interest such as a private pecuniary (financial) benefit to you, your son, or the Engineering Firm, you would not have a conflict of interest with regard to voting on matters involving Cornwall Properties. 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 Karinch, 26-548 July 24,2026 Page 5 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 scheduledand 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