HomeMy WebLinkAbout80-515 BrodyEdward Brody
Park Pleasant Nursing Home
4703 -15 .Cingsessing Avenue
Philadelphia, PA 19143
DISCUSSION:
STATE ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA 17108
February 7, 1980
ADVICE OF CHIEF COUNSEL
80 -515
On November 8, 1979 Stanley A. Miller, Commissioner of
Professional and Occupational Affairs, referred to the State
Ethics Commission a letter from Edward Brody, member of the
State Board of Examiners of Nursing Home Administrators.
Mr. Brody advised that he is a member of the Board of
Directors of the Pennsylvania Health Care Association. This
association is concerned with the management of certain
nursing home facilities, and not the licensing of nursing
home administrators who are employed by nursing homes.
The issue is whether a person who is a member of the
Board of Directors of an organization which represents nursing
homes may also serve on the State Board of Examiners of
nursing home administrators.
Section 1 of the Act states that "holders of public
office present neither a conflict nor the appearance of a
conflict with the public trust."
A conflict of interest exists when an individual
represents two or more persons whose interests are adverse
to each other.
However, under these facts no such conflict exists. The
State Board of Examiners of Nursing Home Administrators does not
represent the management or the operation of nursing home
facilities. Likewise, the Pennsylvania Health Care Association
does not represent the interests of nursing home administrators.
An appearance of a conflict can exist when a nursing home
administrator owns a nursing home, and that nursing home is a
member of the Pennsylavania Health Care Association. Mr. Brody
should abstain from participating in any action, investigation
or matter which involves a nursing home administrator who owns
a home which is a member of the Pennsylvania Health Care
Association.
Edward Brody
February 7, 1980
Page 2
DRM /rdp -2
This case is analogous to that of John E. Mannarelli,
DONHA, 79 -46.
CONCLUSION:
There is no conflict of interest in Edward Brody
continuing as a member of the State Board of Examiners of
Nursing Home Administrators and being a member of the Board
of Directors of the Pennsylvania Health Care Association as
long as that association does not represent any person or
body before the State Board of Examiners of Nursing Home
Administrators. This prohibition would also restrict Mr.
Brody from participating in the development and strategic
planning of concerns which may be presented to the State
Board of Examiners of Nursing Home Administrators by any
group. Further, Mr. Brody should abstain from participating
in any investigation or matter which involves a nursing
home administrator who owns a home which is a member of the
Pennsylvania Health Care Association.
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.
c �
/I)
DAVID RIT ENHOUSE MORRISON
Chief Counsel