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HomeMy WebLinkAbout84-611 KiriasMr. Christopher H. Ki ri as Department of Public Welfare Bureau of Reimbursement Methods P.O. Box 2675 Harrisburg, PA 17105 STATE ETHICS COMMISSION 308 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 September 19, 1984 Re: Easter Seal Society, Department of Public Welfare Employee Dear Mr . Ki ri as : 84 -611 This responds to your letter of August 16, 1984, in which you requested advice from the State Ethics Commission. Issue: You ask whether, as an employee of the Department of Public Welfare (DPW) you may also serve as a member of the Board of Directors of the Easter Seal Society. Facts: You indicate that at present you are serving as a Medical Assistance Program Specialist II in the Office of Medical Assistance, Northeast Field Office of DPW. You have been nominated for an appointment to the Board of Directors of the Easter Seal Society of Northeastern Pennsylvania , hereinafter, the Society. The date of this appointment, should this nomination be confirmed, is October 1, 1984. You indicate that you have contacted the Bureau of Provider Relations within DPW to establish whether or not the Society is an active medical assistance provider. To the best of their knowledge and therefore, your knowledge, the Society is not participating in the medical assistance program. Likewise, they do not have a contractual relationship with DPW. However, should this relationship change and the Society enter into a contractual provider agreement with DPW, you would notify the State Ethics Commission immediately. Christopher H. Kirias September 19, 1984 Page 2 Under these circumstances, you wish us to provide you with an opinion as to whether or not your simultaneous service as a public employee with DPW and your service on the Society Board would constitute a conflict of interest under the State Ethics Act. Discussion: We will assume, for purposes of this advice and response, that in your capacity as a Medical Assistance Program Specialist II with DPW, you are to be considered a "public employee" as that term is defined in the State Ethics Act. See Section 2, State Ethics Act, 65 P.S. 402. As a public employee, your conduct must be guided by the provisions of the State Ethics Act. The most pertinent provision of the State Ethics Act is Section 3(a) of the Ethics Act as follows: Section 3. Restricted activities. (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). Of course, under these provisions, you may not use your public position to secure for the Society, any financial gain. However, as outlined above, there does not appear to be a contractual relationship between the Department and the Society. Therefore, the possibility of any financial gain or inherent conflict arising if you were to serve both DPW as an employee and the Society as a Director is remote. Likewise, the Ethics Act does not state that it is inherently incompatible for a public employee to serve as a member of the Board of Directors of this or any other Society. Specifically, the main prohibition under the Ethics Act and the Opinions of the Ethics Commission is that you may not serve the interests of two persons where those interests may be adverse. See Alfano, 80 -007. In the situation outlined above, especially given the fact that the Society does not contract with nor act as a provider for DPW, you would not, if you were to serve both DPW and the Society, be serving entities with interests which are adverse to each other. Conclusion: Under the circumstances outlined above, there is no inherent prohibition under the Ethics Act for you to serve both as a employee of DPW and as a Director on the Board of the Society. Accordingly, should your nomination be confirmed and accepted by the Board of Directors of the Easter Seal Society of Northeastern Pennsylvania, you may, consistent with the Ethics Act, accept such a nomination and serve in this capacity. Christopher H. Kirias September 19, 1984 Page 3 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 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. Sincerely, ndra S. Ch stianson General Coin el SSC /na cc: Walter W. Cohen, Secretary, DPW John Lylo, Director, Office of Personnel Services, DPW