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HomeMy WebLinkAbout84-628 GalliMr. Louis J. Galli 2023 Kimball Avenue Arnold, PA 15068 Dear Mr. Galli: MaJ ng Address November 28, 1984 ADVICE OF COUNSEL 84 -628 RE: Simultaneous Service, Vocational Guidance Counselor and School Director Candidate This responds to your letter of November 7, 1984, in which you requested advice from the State Ethics Commission. Issue: You ask whether, as a vocational guidance counselor at Northern Westmoreland Vocational Technical School you may also serve as or undertake activity as candidate for appointment to or as a member of the New Kensington - Arnold School District. Facts: You indicate that you are currently employed as a vocational guidance counselor at the Northern Westmoreland Vocational Technical School , hereinafter, the Vo -Tech School. The Vo -Tech School is located in New Kensington, Pa and is a joint Vo -Tech School operated by several School Districts in Westmoreland County. One of the school districts operating this Vo -Tech School is the New Kensington- Arnold School District, hereinafter the School District. You desire to run for or be appointed to the office of School Director in the City of Arnold for the School District Board and if elected, or appointd we assume, you wish to serve as a member of the School District Board. You request a written opininon as to whether being employed by the Vo -Tech School would make you ineligible to serve as a School Director under the Public School Code of 1949, as amended 24 P.S. 3 -322 and the case cited in your request as Commonwealth ex. rel Biehn v. Hager, 409 A.2d 24, 487 Pa. 179 (1979). State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Name Date Page 2 Discussion: We will assume, for purposes of this advice and response, that in your capacity as a vocational guidance counselor within the Vo -Tech School you are to be considered a "public employee" or "public official" as those terms are defined in the State Ethics Act. See Section 2, State Ethics Act, 65 P.S. 402. Also as a School Board member you would be a "public official." As a public official and /or employee, your conduct must conform to 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 this provision, you may not use your public position to secure any financial gain for the School District or in the alternative the Vo -Tech School. However, as outlined above, there does not appear to be a real possibility of any financial gain or inherent conflict arising if you were to serve both as a public official and/ or public employee and as Director of the School District Board. Basically, the Ethics Act does not state that it is inherently incompatible for a public official and /or employee to serve as a Director within the School District. The main prohibition under the Ethics Act and Opinions of the Ethics Commission is that you may not serve the interests of two persons, groups, or entities whose interests may be adverse. See Alfano, 80 -007. In situation outlined above, you would not be serving entities w th interests which are adverse to each other. Of course, there may be circumstances under which the interests of the Vo -Tech School and the School District would be adverse. Such a situation might arise in a specific instance where the School District is considering withdrawing from the Vo -Tech School venture or with respect to a School District's continuation of funding or the level of funding for the Vo -Tech School. Any of these decisions which might affect you as a vocational guidance counslor within the Vo -Tech School could give rise to a situation where your interest as a vocational guidance counselor and your public responsibility as a member of the School District Board would conflict. If such situations arise you can, of course, always ask us for advice as to a specific factual circumstance. However, even without seeking our further advice you should be Name Date Page 3 advised that whenever your responsibility as a School District Board Member would be exercised with respect to the Vo -Tech School, you must scrutinize the situation and exercise extreme caution with respect to voting as a School District Board Member relating to the Vo -Tech School which may affect you or your financial interests as a member of the faculty of that School. We note that this Advice is issued solely under the Ethics Act and should not be understood to serve as "clearance" to operate as outlined above under any codes, statutes, ordinances, regulations, etc. other than the Ethics Act. Specifically, we cannot give you advice as to the propriety of your proposed actions or your eligbility to serve as a School Director under the Public School Code with reference to any case law developed thereunder. Conclusion: Under the circumstances outlined above, there is no inherent prohibition under the Ethics Act for you to serve both as a public official and /or employee and as School District Board Member. Accordingly, you may, consistent with the Ethics Act, serve in these capacities simultaneously. 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. SSC /sfd Y a.//A30 1) 1 Sandra S. C ianson General Counsel