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HomeMy WebLinkAbout84-578 RichnerMr. Mark E. Richner 149 Oakville Drive Pittsburgh, PA Dear Mr. Richner: STATE ETHICS COMMISSION 308 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 June 26, 1984 ADVICE OF COUNSEL RE: Hydrogeologist, Outside Employment, Computer Services 84 -578 This responds to your letter of May 29, 1984, in which you requested Advice from the State Ethics Commission. Issue: You ask whether you may simultaneously serve as a member of the Board of Directors of a corporation and as a hydrogeologist within the Department of Environmental Resources. Facts: You indicate that you currently serve as a hydrogeologist within the Department of Environmental Resources (DER). You have recently been asked by Dr. Nagarajan Rangarajan to serve as a member of a Board of Directors. This Board of Directors would operate a corporation (as yet unincorporated) which would a operate as consulting firm in the State of Maryland. The primary function of this new corporation would be to provide computer and statistical services to clients. Discussion: We will assume for purposes of this Advice that as a hydrogeologist with DER you are a "public employee" as that term is defined in the State Ethics Act. As such, based upon this assumption, your conduct must conform to the requirements of the State Ethics Act. Neither the State Ethics Act, however, nor the opinions of this Commission indicate that it is inherently incompatible for a public employee to serve on a board of directors or to engage in outside activity such as you describe, with a corporation which will provide computer and statistical services to clients. This is particularly true where the corporation is apparently going to offer such services to clients in a state other than Pennsylvania. Mr. Mark E. Richner June 26, 1984 Page 2 We also assume for .purposes of thie Advice that you are merely asking about the propriety of your service on this Loard and not as to the propriety, under the Ethics Act, of any contract which this as yet unincorporated corporation may desire to undertake with the State of Pennsylvania or the Department of Environmental Resources in particular. We also assume that as a hyrogeologist within the Department of Environmental Resouces you ►you ?d have no role in determining or recommending that the Departr.ent of Environmental Resources secure the services of this proposed corporation to provide computer or statistical services to the Department of Environmental Resources. Consequently, given that there are no inherent prohibitions or restrictions upon your activity as proposed to simultaneously serve as a - public employee and as a member of the Board of of this corporation, you are advised that there are no restrictions upon such activity. However, you should be aware of the requirements of the State Ethics Act with regard to reporting and financial disclosure. Section 5 of the Ethics Act requires that your Statement of Financial Interests and disclosure form wb,ich is filed annually, should report any corporation in which you hold an office, directorship, or employment. Accordingly, should you decide to accept this offer to serve on this Board of Directors, this fact should be reported on your Statement of Financial Interests in accordance with the provisions of the Ethics Act. Conclusion! Neither the Ethics Act nor the Opinions of the Ethics Commission would, under the circumstances outlined above, prohibit your simultaneous service as a hyrogeologist with the Department of Environmental Resources and as a member of the Board of Directors of this corporation. Reporting of your position on the Board of Directors, if this occurs, as an item on your Statement of Financial Interests, in accordance with Section 5 of the State' Ethics Act would be required. 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 r' made available as such. Mr. Mark E. Richner June 26, 1984 Page 3 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: Nicholas, DeBenedictis, Secretary, DER Dennis L. Farley, Director, Personnel, DER Sandra S. istianson General Counsel