HomeMy WebLinkAbout85-566 ComiMr. Joseph J. Comi
Edinboro University
Edinboro, PA 16444
Dear Mr. Comi:
State Ethics Commission
308 Finance Building
P. 0. Box 11470
Harrisburg, Pa. 17108 -1470
August 8, 1985
ADVICE OF COUNSEL
85 -566
Re: Public Employee, Professor, Edinboro University of Pennsylvania
This responds to your letter to the State Ethics Commission of July 10,
1985, in which you requested advice from the State Ethics Commission.
Issue: You ask whether, because of your service as Professor with the
Edinboro University of Pennsylvania, you are to be considered a "public
employee" or "public official" under the State Ethics Act and, therefore,
required to comply with the financial reporting and disclosure provisions of
the State Ethics Act.
Facts: You serve as a Professor in the Department of Special Education and
School Psychology with the Edinboro University of Pennsylvania, hereinafter,
the University. As such, you are or were primarily responsible for teaching
assignments in the Honors program and you also served in Career Counseling.
You question the requirement that you comply with the financial reporting
and disclosure provisions of the State Ethics Act. You do not believe your
duties and responsibilities are such that you fall within the definition of
"public employee" or " public official" in the Ethics Act. Accordingly, you
have asked us to review the question of whether you are a subject to the
financial reporting and disclosure requirements of the State Ethics Act.
We note that, for the sake of this response, we are relying primarily on
the statement of the Associate Vice - President for Human Resources, who has
informed us that you are a member of the teaching faculty.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Mr. Joseph J. Comi
August 8, 1985
Page 2
Discussion: The primary question to be answered is whether or not you are to
be considered a "public employee" as that term is defined in the State Ethics
Act as follows:
Section 2. Definitions.
"Public employee." Any individual employed by the
Commonwealth or a political subdivision who is responsible
for taking or recommending official action of a
nonministerial nature with regard to:
(1) contracting or procurement;
(2) administering or monitoring grants or
subsidies;
(3) planning or zoning;
(4) inspecting, licensing, regulating or auditing
any person; or
(5) any other activity where the official action
has an economic impact of greater than a de
minimus nature on the interests of any person.
"Public employee" shall not include individuals who are
employed by the State or any political subdivision thereof
in teaching as distinguished from administrative duties.
65 P.S. 402.
The other question is whether you should be considered a "public
official" as defined in the Ethics Act as follows:
Section 2. Definitions.
"Public official." Any elected or appointed official in
the Executive, Legislative or Judicial Branch of the State
or any political subdivision thereof, provided that it
shall not include members of advisory boards that have no
authority to expend public funds other than reimbursement
for personal expense, or to otherwise exercise the power
of the State or any political subdivision thereof.
"Public official" shall not include any appointed official
who receives no compensation other than reimbursement for
actual expenses. 65 P.S. 402.
Based upon the definition of "public employee" and in light of your job
functions, we conclude that you are not to be considered a "public employee"
as that term is defined in the State Ethics Act. This conclusion is based
upon the specific exemption in the Act which provides that the term public
employee shall not include individuals who are employed in teaching
positions.
Mr. Joseph J. Comi
August 8, 1985
Page 3
Thus, because you do not fall within the classification of the term
"public employee ", you would not be subject to the financial reporting and
disclosure requirements of the State Ethics Act. Accordingly, you would not
be required to execute the Statement of Financial Interests for the years in
which you served in your position as a Professor with the Edinboro University
of Pennsylvania.
Reviewing your position and the items referred to above, we also conclude
that you are not to be considered a "public official" as set forth above.
Conclusion: In your position as Professor with the Edinboro University of
Pennsylvania, you were not to be considered a public employee or public
official as defined in the State Ethics Act. Accordingly, you would not he
subject to the reporting and disclosure requirements of the State Ethics Act
and you need not execute a Statement of Financial Interests.
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 /sfb
This letter is a public record and will be made available as such.
Sin
John J. on
Gene Counsel