HomeMy WebLinkAbout80-536 MartinTO:
RE:
FACTS:
DISCUSSION:
CONCLUSION:
STATE ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA 17108
ADVICE OF CHIEF COUNSEL
February 26, 1980
Paul A. Martin
Professor of Music
Department of Music & Drama
Edinboro State College
Edinboro, PA 16444
Advice #536
Professor of Music also a business man selling sheet
music to individual schools, etc.
On August 2, 1979, Professor Martin asked whether
there was a conflict of interest in his owning a retail
business which sells sheet music on a retail basis and
which may have sales to the students and faculty of
Edinboro State College.
The threshold issue is whether Professor Martin is
considered a public official or public employee as those
terms are used in Act 170.
Individuals who are employed by the state or any
political sub - division thereof in teaching as distinguished
from administrative duties are specifically excluded from
coverage as public employees in Section 2 of the Act.
Professor Martin is also not a public official as that
term is used in Act 170.
There is no conflict of interest in a professor of
music selling sheet music on a retail basis to the students
and faculty of the college in which he is a professor. The
Commission suggests that any sales to the college itself
should be done through an open and public process to avoid
the appearance of conflict.
Pursuant to Section 7(9)(11), 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.
Paul A. Martin
Page 2
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.
4‘4
DAVID RITTENHOUSE MORRISON
Chief Counsel