HomeMy WebLinkAbout84-599 HolsoppleMr. H. Glenn Holsopple
c/o John A. Yost, Esquire
Yost, Davidson & James
320 West Chocolate Avenue
P.O. Box 437
Hershey, PA 17033
Re: Pilot, Part -time employment
Dear Mr. Holsopple:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
P.O. BOX 11470
HARRISBURG, PA 17108 -1470
TELEPHONE (717) 783 -1610
August 14, 1984
ADVICE OF COUNSEL
84 -599
This responds to the letter of your counsel of July 10, 1984, in which he
requested on your behalf, advice from the State Ethics Commission.
You ask whether you may simultaneously serve as an employee -pilot with
the Bureau of Aviation, hereinafter, the Bureau, within the Pennsylvania
Department of Transportation, hereinafter, PennDot and as a pilot with a
private company.
Facts: You indicate that you currently serve as a pilot with the Flight
Systems Division of the Bureau within PennDot. You have received approval
from PennDot to engage in outside employment as a mechanic and pilot, although
the hours of such outside employment are limited. You intend to undertake
such employment with a corporation know as Skylite Advertising Incorporated,
hereinafter, Skylite. At present, Skylite does not provide any services to
PennDot or the Commonwealth of Pennsylvania, and does not intend to
seek to do so. However, Skylite has applied for a commercial operator's
certificate and you are listed on that application as the pilot.
Your wife, Margaret T. Holsopple, is the sole stock holder, sole
director, and sole officer of Skylite.
Holsopple /Yost
August 14, 1984
Page 2
Discussion: For purposes of this advice we will assume without deciding that,
as a pilot, with the Bureau serving within PennDot, you are a "public
employee" as that term is defined in the State Ethics Act. As such, and based
upon this assumption, your conduct must conform to the requirements of the
State Ethics Act.
However, neither the State Ethics Act, nor the opinions of this
Commission indicate that it is inherently incompatible for a public employee
to engage in outside employment or activities such as you describe with a
corporation such as Skylite. This is particularly true when a corporation is
apparently not currently offering or contemplating offering services to the
State, in general, or PennDot in particular. We also assume that the mere
application by Skylite for a commercial operators certificate was not an item
that was subject to your approval or review as a pilot within the Bureau.
Thus, the fact that Skylite, submitted an application which included a listing
of your name, does not alter our conclusion that your basic employment as a
mechanic -pilot with Skylite would not be prohibited by the Ethics Act.
Under these circumstances and based upon these assumptions, there are no
provisions of the Ethics Act or opinions of the Commission which would
indicate that there is an inherent prohibition or restriction upon your
activity as proposed to simultaneously serve as a public employee and as a
pilot for Skylite.
Conclusion: Neither the Ethics Act nor the opinions of the Ethics Commission
would under the circumstances outlined above, prohibit your simultaneous
service as a pilot with the Bureau and PennDot and as a mechanic -pilot with
Skylite.
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.
Holsopple /Yost
August 14, 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,
ndra S. Chri 'tianson
General Coun 1
cc: Thomas D. Larson, Secretary, PennDot
Bruce Doman, Inspector General, PennDot
Michael A. Finio, Office of Inspector General, PennDot
Sharon S. Wright, Director, Personnel, PennDot