HomeMy WebLinkAbout79-548 ScanlonTO:
RE:
FACTS:
CONCLUSION:
STATE ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA 17108
ADVICE OF CHIEF COUNSEL
November 14, 1979
Advice Number 79 -548
Robert G. Scanlon
Secretary of Education
Commonwealth of Pennsylvania
Harrisburg, PA 17126
Deputy Secretary of Education for Administration
and Management serving as Adjunct Faculty Lecturer
On August 3, 1979, Robert G. Scanlon, Secretary of
Education, wrote this Commission asking for an opinion
as to whether Dr. Victor Petaccio, Deputy Secretary of
Education for Administration and Management, could
serve as adjunct faculty lecturer at a nearby insti-
tution of higher learning.
DISCUSSION:
The issue before the Commission is whether a
Deputy Secretary of Education for Administration and
Management may serve as a faculty lecturer.
Act 170 in Section 2 specifically exempts indi-
viduals who are employed by the State or any political
subdivision thereof in teaching as distiguished from
administrative duties. Therefore, the Commission has
held that a public official does not violate the Act by
taking a teaching position, Advice of Hershock, No.
1979- 068 -505.
A public official may take a position as a
teacher in an institution of higher learning without
violating Act 170.
A personal appearance before the Commission and
a formal opinion will be issued upon your request, if
you feel this reply does not suffice.
4
Robert G. Scanlon
November ]4, 1979
page 2
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.
DAVID RITTENHOUSE MORRISON
Chief Counsel