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HomeMy WebLinkAbout84-564 DubsMs. S. Gail Dubs EHS Representative Division of Emergency Health Services Room 1033 Health & Welfare Bldg. Harrisburg, PA 17120 STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PA 17120 TELEPHONE: (717) 783 -1610 May 11, 1984 ADVICE OF COUNSEL 84 -564 RE: EHS Representative II; River Rescue EMT; Board of Directors; Conflict of Interest; Section 3(a) Dear Ms. Dubs: This responds to your letter of April 3, 1984, in which you requested advice from the State Ethics Commission. Issue: You ask whether you, an Emergency Health Services Representative II with the Pennsylvania Department of Health, may serve on the Board of Directors of Harrisburg River Rescue without encountering any conflict of interest. Facts: You are employed by the Pennsylvania Department of Health, Division of Emergency Health Services (the Division), as an Emergency Health Services Representative II, hereinafter EHS. According to your job description, some of your duties include development of new training sites, evaluation and revision of existing training programs, preparation of public information pamphlets and brochures, and coordination of the Emergency Medical Technician (EMT) registry program. You also represent the Division of Emergency Health Services at the Regional and County EHS Councils' manpower meetings, at meetings of the Pennsylvania EHS Council Para - Professional Committee, at the Atlantic EMS (Emergency Medical Services) Testing Committee, and at the National Council of State EMS Training Coordinators meetings. Further, you develop and staff exhibits at conferences for the general public, ambulance personnel, physicians, nurses, and other public and governmental personnel, and you give presentations on emergency medical services to service organizations, ambulance associations, etc. Presumably, included among these associations is the Harrisburg River Rescue (HRR), to which organization you have volunteered your services as an Emergency Medical Technician (EMT) for nearly four years. You were recently asked by members of HRR to fill an unexpired term on the Board of Directors. Ms. S. Gail Dubs May 11, 1984 Page 2 You are concerned that such simultaneous activity might constitute a conflict of interest with your public employment and you have therefore requested advice from the State Ethics Commission. Discussion: As an EHS Representative II with the Department of Health, you are generally subject to the requirements of the Ethics Act, 65 P.S. Section 401 et seq. Essentially, the Ethics Act precludes any activities or employment which would constitute a conflict of interest with your public employment. The Ethics Commission has defined "conflict of interest" as existing where an individual represents two or more persons whose interests are adverse to each other. See Alfano, 80 -007. In your situation, it does not appear that the interests of the Pennsylvania Department of Health, Division of Emergency Health Services and the Harrisburg River Rescue are adverse to one another. Specifically, the energies of both organizations are directed toward provision of emergency health services. Accordingly, serving as an EHS Representative II concurrently with serving on the Board of Directors of the HRR would not constitute a conflict of interest under the Ethics Act per se. You should, however, be aware of some of the restrictions applicable to you under the Act. Section 403(a) of the Ethics Act provides that no public employee may use his public office or any confidential information received therefrom to obtain financial gain for himself, his family, or a business with which he is associated. HRR as (we assume) a non - profit corporation would not be a "business" with which you are "associated" by virtue of your sitting on the Board of Directors. See definitions, Section 402. Thus, Section 3(a) of the Ethics Act may not be technically applicable. However, even where a non - profit corporation is involved, the Commission has said that one must observe the requirements of Section 1 of the Ethics Act. See Grove, 83 -013. Thus,as an EHS Representative II you would be required to abstain from any decision- making process regarding HRR concerning funding or certification for the organization or its members. You should not use your public post to give HRR preference in treatment, training, etc. and in fact should abstain from any decisions which would have this effect or impact. In addition, Section 3(b) states that no person shall give a public employee, and no public employee shall solicit or accept, anything of value on the understanding that the employee's official actions would be influenced thereby. Under this provision, HRR could not offer to you, and you could not accept, anything of value, including a seat on the Board of Directors if it were offered in return for favorable official action in your capacity as an EHS Representative II. Please note that these provisions and restrictions are cited not to indicate any violations of the Ethics Act in the situation you describe, but to serve as a point of reference and guide for conduct, in general. Ms. S. Gail Dubs May 11, 1984 Page 3 Conclusion: So long as you adhere to the guidelines discussed above, no inherent conflict, or appearance of a conflict with the public trust will exist if you serve as a member of the HRR Board of Directors simultaneously with your holding public employment as an EHS Representative II with the Pennsylvania Department of Health, Division of Emergency Health Services. 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. 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 before the full 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. SSC /na Sincerely, cc: Arnold H. Muller, Secretary, Health Allan Brown, Director of Personnel, Health Sandra S. Chris % anson General Counse