HomeMy WebLinkAbout84-536 SimonMr. David F. Simon, Esquire
Wolf, Block, Schorr & Solis -Cohen
Twelfth Floor Packard Building
S.E. Corner 15th & Chestnut Streets
Philadelphia, Pennsylvania 19102
Mailing Address
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
March 13, 1984
ADVICE OF COUNSEL
RE: School Board Member; Education Newsletter
Dear Mr. Simon:
84 -536
This responds to your letter of January 17, 1984, in which you, as
Counsel for He+cc,c1z:s, requested advice from the State Ethics Commission.
Issue: You ask whether a member of the Board of Education of the School
District of Philadelphia may engage in writing and publishing a monthly
newsletter devoted to educational issues concurrently with her service on the
Board.
Facts: Helen Oakes is a member of the Board of Education of the Philadelphia
School District. She was appointed to the Board in April, 1982, and
re- appointed to a second term in the fall of 1983.
Mrs. Oakes is the author and publisher of the Oakes Newsletter,
hereinafter, the Newsletter, which is a a monthly publication devoted to the
discussion of educational issues. The Newsletter is in its fourteenth year of
publication, and is the sole effort of Mrs. Oakes who does all of the research
and writing. It has a monthly circulation of 2300 copies, 600 of which are
paid subscriptions at $10 per year or $20 for two years.
You state that Mrs. Oakes does not publish confidential information
received through her holding public office or otherwise, and that she has
never published any information obtained from confidential materials. You
further state that her sources consist solely of those individuals to whom the
general public has access.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Mr. David F. Simon, Esquire
March 13, 1984
Page 2
In addition, you state that Mrs. Oakes, since taking office as a member
of the Board of Education, has never performed any work on the Newsletter
during times when she was engaged in official Board activities, including, but
not limited to, Board meetings, caucuses or conferences, committee meetings,
telephone calls, etc. You further state that Mrs. Oakes has never used any
Board of Education facilities, employees, or property of any kind in
researching, writing, publishing, or distributing the Newsletter.
Finally, you state that Mrs. Oakes has never promoted the Newsletter in
any way in her official capacity as Board of Education member, and that she
has never solicited subscriptions to the Newsletter in her official capacity.
Discussion: As you recognize in your request letter, that the applicable
provisions of the Ethics Act include Sections 1 and 3(a) of the Ethics Act.
See 65 P.S. 401 and 403(a) respectively.
Section 1 of the Ethics Act provides, in part, that "the people have a
right to be assured that the financial interests of holders of or candidates
for public office present neither a conflict nor the appearance of a conflict
with the public trust" and Section 3(a) provides:
(a) No public official or public employee shall use his
public office or any confidential information received
through his holding public office to obtain financial gain
other than compensation provided by law for himself, a
member of his immediate family, or a business with which
he is associated. 65 P.S. 403(a).
From the facts as you describe them, Mrs. Oakes has been careful to
conduct herself within the permissible bounds of the Ethics Act. As long as
she continues to do so, under the Ethics Act, she is not prohibited from
engaging simultaneously serving as a member of the Board and continuing to
publish the Newsletter. Of course, Mrs. Oakes must continue to be careful not
to use her public office or any confidential information received through her
holding public office in her activities concerning the Newsletter.
In your well- researched request for advice, you outlined several
guidelines by which Mrs. Oakes has and, you state, will continue to conduct
herself. Following guidelines of this nature is generally required by the
State Ethics Commission and we agree that Mrs. Oakes should not:
1. publish in any newsletter confidential information that is received
through Mrs. Oakes' position as a member of the Board of Education
or otherwise;
2. perform any work on the Newsletter during any period of time that
she is engaged in any official Board of Education activity,
including Board meetings, caucuses or conferences, committee
meetings, telephone calls, and similar activities;
Mr. David F. Simon, Esquire
March 13, 1984
Page 3
3. use any Board of Education facilities or employees, services,
typewriters, copy machines, stationery, stamps, automobiles or
supplies of any kind in researching, writing, publishing or
distributing of the Newsletter; and
4. promote the Newsletter in any way in her official capacity as a
Board of Education member.
If these guidelines are adhered to, Mrs. Oakes may continue to engage in her
simultaneous activities as a member of the Board of Education and author and
publisher of the Oakes Newsletter.
Conclusion: So long as Mrs. Oakes adheres to the guidelines discussed above,
as well as in your request for advice, she may continue to serve as a member
of the Board of Education simultaneously with her publishing of her
Newsletter.
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 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.
CW /rdp
Sincerely,
ndra S: C istianson
General Co nsel