Loading...
HomeMy WebLinkAbout85-567 SturgaMr. Ronald Sturga Edinboro University Edinboro, PA 16440 Manny Address State Ethics Commission 308 Finance Building P. O. Box 11470 Harrisburg, Pa. 17108 -1470 August 8, 1985 ADVICE OF COUNSEL 85 - 567 Re: Public Employee /Official, Director of Student Activities, Edinboro University of Pennsylvania Dear Mr. Sturga: 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 the Director of Student Activities with the Edinboro University, you are to be considered a "public employee" or "public official" under the State Ethics Act and, therefore, whether you are required to comply with the financial reporting and disclosure provisions of the State Ethics Act. Facts: You serve as the Director of Student Activities with the Edinboro University of Pennsylvania. As such, you are or were primarily responsible for the overall student activities program, and student organization. In this position, you work closely with students and faculty involved in student programs; act as a resource person to all student organizations; interpret University policy to those organizations; schedule the College Union and maintain a University calendar of events. You also implement all established policy in regard to student programs as indicated by the University or any of its committees or governmental agencies. You develop a wide range of activities to meet students needs and shall develop outreach programs to involve the greater Edinboro community in these programs and work closely with the other members of the Student Development staff and the Residence Life staff to create a well organized and effective program. You act as a resource to both the Student Life staff and the academic community to help promote programs within the University community. State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Mr. Ronald Sturga August 8, 1985 Page 2 We have reviewed your job description and have incorporated that document herein by reference 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, we have been asked to review the question of whether you are 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 your job description which has been provided to us. Discussion: The primary question to be answered is whether or not you are to be considered a "public employee." That term is defined in the State Ethics Act as follow: 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: Mr. Ronald Sturga August 8, 1985 Page 3 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 description for your position, 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 our objective review of this information from which it appears that you have not been responsible for taking or recommending official action of a non - ministerial nature with regard to any of the five categories set forth in the definition listed above for the term "public employee". 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 Director of Student Activities with the Edinboro University. 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 Director of Student Activities with the Edinboro University, you were not to be considered a public employee or public official as defined in the State Ethics Act. Accordingly, you would not be subject to the reporting and disclosure requirements of the 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. Mr. Ronald Sturga August 8, 1985 Page 4 JJC /sfb 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 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. Si nc John J. C. ino Gener. Counsel