HomeMy WebLinkAbout79-563 PrelohTO:
FACTS:
DISCUSSION:
STATE ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA 17108
ADVICE OF CHIEF COUNSEL
December 19, 1979
Andrew Preloh
Cambria County Administrator
Cambria County Board of Assistance
RE: Income Maintenance Worker Selling Insurance
AdvCce Number 79 563
On October 9, 1979 the State Ethics Commission received
a request for an Advisory Opinion. The letter asked
whether an income maintenance worker assigned duties in
the Medical Eligibilities Section of the Cambria County
Board of Assistance could sell cancer insurance.
§2 of the State Ethics Act defines "public
employee" to include, in part, those individuals employed
by the Commonwealth who are engaged in administering
or monitoring grants or subsidies."
The terms, "administering or monitoring ", imply a
supervisory function as far as welfare payments are
concerned. The income maintenance worker is not a
supervisor.
§2 also limits the definition of public
employees to include only those who are "taking or
recommending official action of a nonministerial nature...."
Section 2 also defines ministerial action as "An action
that a person performs in a prescribed manner in obedience
to the mandate of legal authority, without regard to or
the exercise of, the person's own judgement as to the
desirability of the action being taken."
Title 55 of the Pennsylvania Code, the Public
Assistance Manual, sets forth specific guidelines to
follow. Eligibility is determined on the basis of certain
amounts of income, and also includes asset limitations.
The amount of payment is clearly defined, as well as
the manner in which it is paid.
Therefore, an income maintenance worker is not a
public employee as defined by the State Ethics Act.
ADVICE OF CHIEF COUNSEL
PAGE 2
An income maintenance worker is responsible for applying
the standards set forth in the Public Assistance Manual.
The regulation of these employees is left to the
Commonwealth Executive Board for internal staff policy.
The -issue of whether an income maintenance worker
is a public employee is a matter to be resolved by
regulation. If the Commission decides by regulation
that an income maintenance worker are public employees,
this Advice of Chief Counsel must be revised.
CONCLUSION:
An income maintenance worker who is an employee of
a county board of assistance is not a "public employee"
under the State Ethics Act. The question of whether she
may sell cancer insurance is left to the Commonwealth
Executive Board or to the Department of Public Welfare
to determine.M 'Advice is subject to change upon the
adoption of Regulations.
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.
A personal appearance before the Commission and a
formal opinion will be issued upon your request, if you
feel this reply does not suffice.
This letter is a public record and will be made
available as such.
DAVID RITTEN OttSE MORRISON
Chief Counsel
H/10 (SEAL)