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HomeMy WebLinkAbout85-604 VanceMr, William R. Vance c/o Robert D. Robbins State Representative P.O. Rox 127 Main Capitol Building Harrisburg, PA 17120 Dear Mr. Vance: STATE ETHICS COMMISSION 308 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 December 17, 1985 ADVICE OF COUNSEL 85 - 604 Re: Simultaneous Service, Corrections Education Specialist, Instructor, County Vocational Technical School This responds to the letter of November 26, 1985, on your behalf, wherein the advice of the State Ethics Commission was requested. Issue: Whether the State Ethics Act prohibits an employee of the Pennsylvania Department of Education from simultaneously teaching courses at a county vocational technical school. Facts: You are currently employed as an automotive instructor, in the Division of Corrections Education, within the Pennsylvania Department of Education. In this capacity you are responsible for providing classroom instruction on automotive theory, design and components. Your functions also include a wide range of activities in relation to the instruction of correction facility residents in relation to automotive sciences. In addition to your duties as an instructor, you are responsible for organizing and managing a vocational shop to repair and inspect correction facility vehicles and you also are responsible for performing administrative functions for the operation of said shop including the ordering and budgeting. You have indicated that you have heen offered an opportunity to teach the Automotive Mechanic Safety Inspection Certification Program for the Mercer County Area Vocational Technical School. A Pennsylvania safety inspection mechanic teacher is responsihle for directing students learning activities through a state curriculum prescrihed by the Pennsylvania Department of Transportation. You have requested the advice of the State Ethics Commission as to whether Mr. William B. Vance December 17, 1985 Page 2 there is any prohibition under the State Ethics Act if you were to participate in this outside employment. You advised that the courses that you would he participating in, will be conducted in the evening and will require approximately 30 hours per year of instruction on your part. You finally advised that the course is contracted through the Pennsylvania Department of Transportation. Discussion: At the outset, of this advice, it should be noted that the State Ethics Commission is only authorized to address the question that you have presented within the purview of the State Ethics Act. The Commission will not address the question presented under any other code of conduct, such as the Governor's Code of Conduct or the State Adverse Interest Act. For the purpose of this advice, we will assume that as a Corrections Education Specialist in the Pennsylvania Deartment of Education you are a public employee as that term is defined in the State Ethics Act and, therefore, subject to the requirements of the Act. 65 P.S. 402. Generally, the State Ethics Act does not prohibit public employees or public officials from engaging in supplementary employment. The Ethics Act does provide 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). Within this provision of law, you may not employ the facilities, personnel, materials or equipment of your current public employer in order to advance your private employment activities. Similarly, you may not use any confidential information gained in your current public position for similar purposes. See Nelson, 85 -009. In addition to the foregoing, the State Ethics Commission may also address areas of possible conflicts of interest. 65 P.S. §403(d). Generally, the financial interest of a public employee may not he in conflict with the public trust. Fritzinger, 80 -008. While the State Ethics Act presents no absolute prohibition on the activity that you have proposed, such activity must be reviewed in light of the above provision of law. As part of your function for the Pennsylvania Department of Education, you are required to operate a Commonwealth Inspection Station for the purpose of inspecting correction facility vechicles. This includes applying for all inspection materials, as well as instructing on the use and maintenance of all equipment required for inspections, performing state inspections on correction institution vehicles as well as maintaining inspection records. If, in fact, the service that you render in your public employment for the Department of Education is identical to and involves the exact same research analysis and Mr. William B. Vance December 17, 1985 Page 3 preparations that you would be required to perform privately, a question of such a conflict could arise. This is so, because in such a situation it could appear as though you would be utilizing your public employment in order to prepare materials for your private activities. Thus, your are advised that the course materials, preparation, and your work on behalf of your public employer must be clearly distinguishable and separate from that of your private employment. See Miller, 85 -530. Also, in an effort to be complete, we make note of the fact that the Pennsylvania Department of Education performs certain oversight functions with regard to county vocational technical institutions. See 24 P.S. 518- 1840.1 et. seq. If you, as an employee of the Department of Education are responsible in any way for these oversight activities, you would be required to abstain from participating in any matters relating to vocational institutions. A review of your job description, however, clearly indicates that you perform no functions in relation to county vocational technical i nstitutions. The Ethics Act also places certain restrictions upon a public employee's ability to enter into contracts with governmental bodies if such contract is in excess of $500. 65 P.S. 5403(c). The Commission has held, however in past opinions, that this provision of the State Ethics Act would only be applicable in the situation where a public employee seeks to enter into contractual arrangements with the governmental body with which that employee is associated. Bryan, 80 -014; Lynch, 79 -047. In the instant situation, you will not be entering into any contract or business arrangements with the Pennsylvania Department of Education. We do note that it appears from the material which has been forwarded to the Commission, that the vocational course which you will be teaching is contracted through the Pennsylvania Department of Education. The State Ethics Act, however, would place no restriction upon your activity based upon that factor alone. Conclusion: The State Ethics Act places no per se restriction upon a public employee's supplemental employment as a part -time vocational instructor. As a public employee, however, this individual should be cognizant of the parameters of the State Ethics Act as set forth above and act in accordance with the aforementioned guidelines. As noted previously, this advice only relates to this employee's duties and responsibilities under the State Ethics Act. 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. Mr. William R. Vance December 17, 1985 Page 4 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 he 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. JJC /rdp Sinc - ,-y, n Gene Counsel