HomeMy WebLinkAbout80-526 SchubertTO:
FACTS:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
February 21, 1980
ADVICE OF CHIEF COUNSEL
John L. Schubert
23 Homekort Avenue
Pittsburgh, PA 15229
80 -526
RE: Statue of Civil Service Employee, Budget Analyst I
On February 3, 1980 Mr. Schubert wrote to the State
Ethics Commission advising that he has been offered a position
outside of the government, but is delaying his resignation
"until your office provides me with a written opinion as to
conflict of interest."
Mr. Schubert is a civil service employee, with the
salary of $14,800 a year, and with the title Budget Analyst I
with the Department of Welfare. This position involves monitoring
providers, who are under contract with the Department of Public
Welfare to provide services to the elderly, retarded, etc. These
providers are required to submit annually to the Department of
Welfare an audit conducted by an independent CPA accounting firm.
This audit is reviewed by a Budget Analyst I for completeness
and attention to the standards established by the American
Institute of Certified Public Accountants.
Mr. Schubert meets regularly with representatives of these
accounting firms in pre- & post -audit conferences in the western
region of the Department of Public Welfare. This region encompasses
23 counties.
The position of Budget Analyst I does not require a CPA
accreditation. A Budget Analyst I is directly supervised by a
Budget Analyst III, who is supervised by a Field Auditor V, who
in turn is under the Director of Administrative Services for
the western region, who in turn is under the Bureau Director,
Charles Erb. A Budget Analyst I has no employees under him nor
does his sphere of influence extend beyond himself.
John L. Schubert
February 20, 1980
Page 2
DISCUSSION:
CONCLUSION:
DRM /rdp -3
The issue is whether a person occupying the position of
Budget Analyst I is a "public employee."
A person occupying the position of Budget Analyst I is
not a CPA and is not a Field Auditor, there positions being two
levels above him. While Mr. Schubert's work is in the field, it is
under direct review of a Budget Analyst III, which in turn is
under review by a Field Auditor. Therefore, a person occupying
the position of Budget Analyst I is not a "public employee."
The position of Budget Analyst I in the Department of
of Public Welfare, being subject to the review and supervision by
a Budget Analyst III and a Field Auditor, is not a "public employee"
position. While Mr. Schubert is not barred from representing any
person on any matter before the Department of Public Welfare, he
may not use his position of employment or any confidential
information received through his holding the position of Budget
Analyst I to obtain financial gain other than his regular salary.
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.
-(477e, A 4A4,
DAVID RITTENHOUSE MORRISON
Chief Counsel