Loading...
HomeMy WebLinkAbout85-510 KoplovitzDr. S. L. Koplovitz 4519 Jonestown Road Harrisburg, PA 17109 Dear Dr. Koplovitz: STATE =THICS COMMISSION 308 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 January 25, 1985 ADVICE OF COUNSEL 85 -510 Re: State Board of Osteopathic Medical Examiners, Professional Associations; Committee Membership This responds to your letter of November 23, 1984, wherein you requested advice from the State Ethics Commission. Issue: Whether there is any conflict of interest or violation of the State Ethics Act by your membership on the State Board of Osteopathic Medical Examiners at the same time that you are a member of various committees of the Pennsylvania Osteopathic Medical Association. Facts: You are currently a member of the Pennsylvania State Board of Osteopathic Examiners, hereinafter, referred to as the Board. In addition, thereto, you are also a member of the Pennsylvania Osteopathic Medical Association, hereinafter, referred to as the Association. As a member of the Association you have indicated that you have been appointed to several of the Association's Committees including the Property Committee and Execut;ve Director Grievances Committee, of which you are Chairman, the Legislative Committee, and the Long Range Planning Committee. The Association is generally a professional org with the purpose of evaluating and maintaining acceptab a standards of osteopathic education, research and investigation in relation to osteopathic medicine, and the improvement of the osteopathic profession. Or. S. L. Koplovitz January 25, 1985 Page 2 You have also informed the Commission as to the stated purpose of the committees of which you are a member. According to that information, the Property Committee is responsible for the upkeep and maintenance of the Association's office building, the Grievances Committee deals with complaints against the Executive Director, the Legislative Committee monitors legislation regarding the osteopathic profession, and the Long Range Planning Committee deals with the future improvement of the profession. For the purpose of this advice the Commission will assume that you hold no other office in the Association. We will also assume that the legislative committee monitors legislation for the purpose of formulating Association policy thereon, that will either be supportive of or in oposition to such legislation. Discussion: The State Board of Osteopathic Medical Examiners is a departmental administrative board within the Department of State, 71 Pa C.S.A. §62. You, as a member of this Board, appointed by the Governor, are a public official within the purview of the State Ethics Act as interpreted by the Commission. 65 Pa C.S.A. §401 et. seq.; Opinion 79 -024, Allen; Opinion 79 -074, Vavro; Opinion 80 -007, Alfano. At this point, the Commission observes that its authority extends only to the interpretation and enforcement of the Ethics Act. As such, it does not interpret or enforce any of the provisions set forth in the Administrative Code. We note, however, the Administrative Code, 71 P.S. 279. 3(b) provides that no member of a professional examining and licensing board shall, at the same time, be an officer or an agent of any state -wide association or organization representing the profession or occupation subject to the board's actions. We do not intend to interpret this provision but merely note its existence, and this advice will address only the restrictions and prohibitions derived from the Ethics Act. The Board itself, is responsible for a number of areas of regulation, including but not limited to the following: 1. Establishing and altering the standards of professional education and training required for licensure; 2. Ascertaining the acceptability of institutions and colleges; 3. Providing for and regulating the licensed practice of osteopathic medicine and surgery in the Commonwealth; 4. Prescribing examination procedures and requirements; 5. Issuing licenses to qualified applicants; 6. Prescribing professional titles to be used by practitioners; Dr. S. L. Koplovitz January 25, 1985 Page 3 7. Investigating and conducting hearings on the discipline of licensees; 8. Suspending and revoking licenses when necessary; 9. Regulating license registration; 10. Maintaining records and promulgating rules and regulations as are necessary. See 63 Pa. C.S.A. §271.1 et. seq. Section 1 of the Ethics Act states that the financial interest of public officials shall "present neither a conflict nor the appearance of a conflict with the public trust." 65 Pa C.S.A. 401. A conflict has been said to exist, according to the Commission, when an individual respresents two or more persons whose interests are adverse to each other. Opinion 80 -007, Alfano. The Commission may also address other areas of possible conflict as necessary. 65 Pa C.S.A. §403(d). Based upon the foregoing, the Commission has previously ruled that an officer of a state -wide professional association may not, under the Ethics Act, also be a member of a licensing board that regulates the members of such association. Opinion 79 -074, Vavro; Opinion 79 -024, Lutton; Opinion 80 -007, Alfano. The Commission, however, has not prohibited membership in such associations. The rationale supporting this position is founded upon the concept that when an individual is responsible for playing an important role in the formulation of the Association's policy concerning, for example, legislation proposed rules, standards or other regulations that may affect the Association and /or its members, a conflict or an appearance thereof exists. Turning now to the situation presented herein, it is quite clear from the information that you have supplied, that your appointment to the Property Committee and Grievances Committee are not in conflict in any way with your position on the Board. These particular committees are responsible exclusively for the Association's internal administrative operation. As a result, there is no reason under the Ethics Act for you to terminate your positions on said committees. On the other hand, the Legislative and Long Range Planning Committees appear to be operational outside of the Association. As a member of these committees, you are able to play a major role in establishing and recommending the Association's official position on various issues including legislation, policy, standards, and regulations regarding the osteopathic profession. As a member of the Board, however, you are vested with the duty to represent the public's interest in these same areas. In view of this situation, it appears as though a conflict in fact exists. Dr. S. L. Koplovitz January 25, 1985 Page 4 Conclusion: Under the Ethics Act, there is no prohibition to your being a member of the Association although you may not be an officer thereof. Additionally, there is no prohibition, under the Ethics Act, with your appointment to the Property and Grievances Committees. There is, however, a conflict between your position on the Board and your appointment to the Legislative and Long Range Planning Committee. As such, you must resign from either the two committees or the Board. 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. 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 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. JJC /sfd This letter is a public record and will be made available as such. Sincerely, John J.,.-Contino General Counsel