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HomeMy WebLinkAbout84-622 WillMs. Joanna H. Will 1803 Wrightfield Avenue Yardley, PA 19067 Dear Ms. Will: STATE ETHICS COMMISSION 308 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 October 24, 1984 ADVICE OF COUNSEL 84 -622 Re: Statement of Financial Interests, Administrative Officer I This responds to your letter to the State Ethics Commission of June 29, 1984, in which you requested advice from the State Ethics Commission. Issue: You ask whether, because of your services as an Administrative Officer I, you are to be considered a "public employee" under the State Ethics Act and therefore, required to comply with the financial reporting and disclosure provisions of the State Ethics Act. Facts: Until August, 1983, you served as an Administrative Officer I with the Office of Policy Evaluation and Analysis, hereinafter, the Office within the Department of Revenue, hereinafter, the Department. As an employee within this office, you were primarily responsible for traditional legislative bill analysis as assigned including assessment of revenue impact, administrative feasibility, local government impact and development and evaluation of practical alternatives to such legislation. Your tasks often included identification and summary of issues associated with a proposal or preliminary impact assessments of the proposal. A significant component of your work and responsibility included conferences and communications with the Office of the Secretary of the Department, the Governor's Office, the Governor's Legal Counsel, Department staff, business representatives and legislative staff members. It should be noted that by letter and appeal of April 13, 1982 to the Department, you questioned whether or not you should be considered a "public employee" required to comply with the financial reporting and disclosure provisions of the State Ethics Act. By letter dated April 15, 1982, the Director of Personnel of the Department indicated that you were not to be considered a "public employee" within the definition of that term as contained Ms. Joanna H. Will October 24, 1984 Page 2 the Statement of Financial Interests under the State Ethics Act. Likewise, by appeal dated April 26, 1983 to the Department, you again questioned the requirement that you be included within the definition of the term "public employee" and subject to the financial reporting and disclosure provisions of the State Ethics Act. Again, by letter dated May 11, 1983, you were told by the Director of Personnel of the Department that you did not fall within the definition of public employee and that therefore, it was not mandatory that you complete a Statement of Financial Interests as set forth in the State Ethics Act. Finally, you executed another appeal form on July 11, 1984, again questioning the requirement that you comply with the financial reporting and disclosure provisions of the State Ethics Act. You had been advised, previously, by memo of April 17, 1984 from the Department, that you were required to file such a Statement. Then, on May 16, 1984, by letter of that date, you were informed by the Director of the Bureau of Personnel within the Department that you should complete the Statement of Financial Interests Ethics Commission as to this requirement. Accordingly, you have asked us to review the determination made most recently by the Department that you are a "public employee" subject to the reporting and disclosure requirements of the State Ethics Act. We note that for the sake of this response, that we are assuming that your job description has not changed throughout the period 1982 to August, 1983 and that said job description is essentially the one with which we have been provided which was signed by you on February 19, 1982. Discussion: The initial question to be answered is whether or not you are to be considered a "public employee" as that term is defined in the State Ethics Act as follows: 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 noruninisterial 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. Ms. Joanna H. Will October 24, 1984 Page 3 (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. Based upon this definition and in light of your job description as well as the language in your appeals and the explanation of your job as set forth therein, we conclude that you are not to be considered a "public employee" as that term is defined in the State Ethics Act. 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 an Administrative Officer I with the Department. It should be noted that we have based this decision upon the definition of the term "public employee" as set forth in the Ethics Act and the regulations of the Commission as well as in reliance upon the Department's initial determinations for 1982 and 1983 that in your position as an Administrative Officer I, you are not to be considered a "public employee" subject to these reporting requirements. There has been no indication from the Department, from your appeal forms, or from this job description which would indicate that your job functions have changed during this period of time. As such, it does not appear that you, from 1982 through 1983 can be said to have 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 tern "public employee ". Conclusion: In your position as an Administrative Officer I with the Department, you were not to be considered a "public employee" as that term is defined in the State Ethics Act. Accordingly, you would not be subject to the reporting and disclosure requirements of the State Ethics Act and you need not comply with the requirement that you execute a Statement of Financial Interests in compliance therewith. Ms. Joanna H. Will September 24, 1984 Page 4 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. SSC /sfd cc: Nicholas DeBenedictis, Secretary Dennis L. Farley, Director Sincerely, Sandra S. Chris "ianson General Couns 1