HomeMy WebLinkAbout84-558 BloomMr. Irving L. Bloom, Esquire
County Solicitor
Westmoreland County
102 Courthouse Square
Greensburg, PA 15601
Dear Mr. Bloom:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PA 17120
TELEPHONE: (717) 783 -1610
April 26, 1984
ADVICE OF COUNSEL
84 -558
RE: Data Processing Director; Part -time Consultant; Section 3(a); Section
3(b)
This responds to your letter of March 20, 1984, in which you, as County
Solicitor for Westmoreland County, requested advice from the State Ethics
Commission.
Issue: You ask whether a County employee may do part -time consulting work for
the Westmoreland /Fayette Private Industry Council, Inc.
Facts: You are County Solicitor for Westmoreland County, and as such, has
requested advice from the State Ethics Commission.
Westmoreland County's data processing Director, Mr. John Lesko, would
like to do part -time consulting work for the Westmoreland /Fayette Private
Industry Council, Incorporated (PIC). Mr. Lesko's job encompasses all of
Westmoreland County's computer work.
You state that the majority of the PIC Board is selected by the
Westmoreland County Commissioners, but that PIC itself acts independently of
governmental control of Westmoreland County.
In light of these facts, you would like to know whether Mr. Lesko's
part -time consultant work with PIC would constitute a violation of the State
Ethics Act.
Discussion: Assuming that, as Data Processing Director of Westmoreland
County, Mr. Lesko is a "public employee" as that term is defined in the State
Ethics Act, his conduct must conform to the requirements of the Act. See 65
P.S. 401 et seq.
The pertinent provisions of the Ethics Act include Sections 403(a) and
403(b). See 65 P.S. 403(a) and (b) respectively. Section 403(a) provides:
Mr. Irving L. Bloom, Esquire
April 26, 1984
Page 2
(a) No public official or public employee shall use his
public office or any confidential information received
through his holding public office to obtain financial gain
other than compensation provided by law for himself, a
member of his immediate family, or a business with which
he is associated. 65 P.S. 403(a).
Should Mr. Lesko become employed by PIC as a part -time consultant, PIC would
be considered a "business with which he is associated" as that term is defined
in the State Ethics Act as follows:
"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 holder
of stock. 65 P.S. 402.
As an employee of PIC and because PIC would be a "business with which he
is associated ", Mr. Lesko would be required to abstain as a public employee
should any matters reguarding PIC -- including, for example, the award of a
contract or consideration of PIC's acquisition of same -- come before the
County Commissioners. This would include abstaining from discussions,
recommendations, deliberations, or votes regarding matters in which PIC might
be interested. However, the Ethics Act would not generally prohibit Mr.
Lesko's proposed employment with PIC. He must, however, observe the
abstention requirement as outlined above.
In making this statement, we assume that there is an adherence to the
requirements of Section 3(b) of the Ethics Act which states as follows:
(b) No person shall offer or give to a public official or
public employee or candidate for public office or a member
of his immediate family or a business with which he is
associated, and no public official or public employee or
candidate for public office shall solicit or accept,
anything of value, including a gift, loan, political
contribution, reward, or promise of future employment
based on any understanding that the vote, official action,
or judgment of the public official or public employee or
candidate for public office would he influenced thereby.
65 P.S. 403(b).
Under Section 3(b), Mr. Lesko may not accept anything of value, including
the promise of or continuation of employment with PIC on the understanding
that any official conduct as Data Processing Director for Westmoreland County
would be influenced thereby. We include reference to this provision of the
.Ethics Act not to imply that there is any prohibition or restriction against
Mr. Lesko's acceptance of employment with PIC or violation of this provision
of the Ethics Act, but merely to provide a comprehensive analysis of the
provisions of the Ethics Act which might be applicable to the situation.
Mr. Irving L. Bloom Esquire
April 26, 1984
Page 3
Finally, we note that the provisions of Section 3(c) of the Ethics Act
which require an open and public process if a public employee wishes to
contract with the governmental body with which he is associated in an amount
of $500 or more are inapplicable because the PIC, is a separate body from the
governmental body with which Mr. Lesko is associated, i.e., the County.
Conclusion: The Ethics Act does not prohibit or restrict Mr. Lesko's
acceptance of part -time consulting work with PIC concurrently with his service
to the County as Data Processing Director. His conduct as Data Processing
Director, however, should he accept such consulting work with PIC, should be
governed by the considerations expressed in this advice.
Pursuant to Section 7(9)(ii), this 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, providing the requestor has
disclosed truthfully all the material facts and committed the acts complained
of in reliance on the Advice given.
CW /rdp
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 request that the full Commission review this Advice. A
personal appearance hefore the Commission will be scheduled and a formal
Opinion from the Commission will be issued. Any such appeal must be made, in
writing, to the Commission within 15 days of service of this Advice pursuant
to 51 Pa. Code 2.12.
Sincerely,
i
Sandra S. Ch5,stianson
General Counsel