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HomeMy WebLinkAbout80-559 SchwarzTO: DISCUSSION: CONCLUSION: STATE ETHICS COMMISSION HARRISBURG, PA. ADVICE OF CHIEF COUNSEL February 27, 1980 Charles E. Schwarz 1405 Pine Crest Drive South Williamsport, PA 17701 Advice # 559 RE: State government employee representing the National Audubon Society on an advisory committee. FACTS: On October 25, 1979, Mr. Schwarz asked whether there would be a conflict under Act 170 if he, as a forester, Bureau of Forestry, Department of Environmental Resources, would represent the National Audubon Society on a newly established advisory committee to the School of Forest Resources of the Pennsylvania State University. • Section 3, (a) prohibits a public official or public employee from using his or her public office or any confidential information received through holding that office to obtain financial gain other than-.compensation provided by law. Mr. Schwarz's representation of the National Audubon Society would not result in financial. gain to him. Section 3 (d) of Act 170 allows the Commission to investigate other areas of possible conflict; we find no other areas of possible conflict in this situation. Mr. Schwarz may serve as a delegate to the Pennsylvania Audubon Society and represent the Society on the Advisory Committee to the School of Forest Resources of the PA State University without conflict under Act 170. Mr. Charles E. Schwarz Page 2 Pursuant to Section 7P )(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 RITT" OUSE MORRISON Chief Counsel