HomeMy WebLinkAbout80-524 FumoTO:
DISCUSSION:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
February 14, 1980
ADVICE OF CHIEF COUNSEL
Vincent J. Fumo, State Senator
Senate Post Office
State Capital
Harrisburg, PA 17120
80 -524
RE: Civil Service Employee Serving as a Member of the State
Board of Barber Examiners
FACTS:
On Janaury 31, 1980, Vincent J. Fumo, State Senator,
wrote asking the State Ethics Commission for an official
ruling as to whether Mr. Robert L. Keene, of Boalsburg, PA,
could serve as a member of the State Board of Barber Examiners
while being a civil service employee at Rockview Penitentiary.
The issue is whether Robert L. Keene is engaged in a
conflict of interest in being a teacher of barbering as well
as being a member of the State Board of Barber Examiners. Since
"no person who acts in good faith on an opinion issued to him by
the Commission shall be subject to criminal or civil penalties
for so acting," (section 7(9)(ii)) the Commission must address
itself to any related statute.
The State Board of Barber Examiners regulates barber
schools and barbers. Robert Keene's activities as a teacher of
barbering are regulated by the State Board of Barber Examiners.
We hold, however, that as long as Robert Keene takes no part in
any proceedings involving any student barber of his, or the
operation of the school in which he is a teacher there is no
conflict of interest.
The next issue is whether a civil service employee may
hold another position in the Commonwealth.
Vincent J. Fumo, State Senator
February 14, 1980
Page 2
DRM /rdp -3
Section 709(c) of the Administrative Code specifically
authorizes the payment of extra compensation to employees
of administrative departments, boards or commissions, who
are employed at fixed compensation. Further, it is not
uncommon for an employee of the Commonwealth to teach part -
time in the evening at a state related school. Therefore,
the Commission sees no conflict under the State Ethics Act
in a barber, who is a civil service employee, also serving
as a member of the State Board of Barber Examiners.
CONCLUSION:
There is no conflict of interest in a teacher in a
barber school, or a barber at a state correctional facility,
also serving as a member of the State Board of Barber Examiners.
He would be prohibited from taking part in any matter before the
State Board of Barber Examiners which involved the school in
which he was teaching. Dual employment is not a per se
conflict of interest. A person employed full -time as a
civil service employee may not take compensation for work
performed as a member of an occupational board if the work
is performed during the time that individual is receiving
compensation as a civil service employee.
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.
/`f
DAVID RITTENHO SE MORRISON
Chief Counsel