HomeMy WebLinkAbout86-514 JahodaMr. John J. Jahoda, Jr.
Rox 622, R.D. #1
Clymer, PA 15728
Dear Mr. Jahoda:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
P.O. BOX 11470
HARRISBURG, PA 17108 -1470
TELEPHONE (717) 783 -1610
Fehruary 10, 1986
ADVICE OF COUNSEL
86 -514
Re: School Director Participation in Matter Regarding Vocational Technical
School where Director is Employed
This responds to your letter of January 17, 1986, wherein you requested
the advice of the State Ethics Commission.
Issue: Whether a school director may participate in a matter regarding the
sponsorship of a cou;ity vocational- technical school when the director is an
employee,of that school.
Facts: You indicate that you are currently serving as a memher of the Roard
of Directors of the Purchase Line School Roard. You have served in this
capacity since June of 1978. You are also employed hy the Indiana County Area
Vocational - Technical School. You have served in this position since August
26, 1985. The vo -tech school is sponsored hy a number of area school
districts. These,school districts appoint memhers of their Roard of Directors
to serve on the Vo -Tech Operating Committee. This committee is the body that
generally oversees the operation of the vo -tech school. You indicate that the
Purchase Line School District is currently not a participating district in the
Indiana County Vocational - Technical School. Purchase Line has considered
joining the vocational - technical school at least three times over the last
five years. You indicate that the Roard of School Directors on Fehruary 10,
1986 will once again consider this issue. You indicate that your vote may he
a critical vote on the vocational- technical school issue.
In your position of employment with the vo -tech school, you are generally
classified as a Guidance Counselor /Administrative Assistant. We have reviewed
the ,job description for this position and incorporated that document herein hy
Mr. John J. Jahoda, Jr.
Feh rua ry 10, 1986
Page
reference. Generally, you perform in two distinct areas of responsibility.
First, you operate as a guidance counselor and in this capacity you generally
perform a wide range of functions in relation to implementing and operating
programs regarding guidance services to the vocational students. Secondly, in
your administrative functions, you perform various duties with relation to the
overall operation of the vo -tech school. The vo -tech school is general ly
operated by its chief officer who is the director of the school. You assist
the director with the administration of the school. In this respect, you
administer, supervise and execute the total student attendance program;
administer the school audio - visual program; develop and administer categorical
fund projects that are available to the vo -tech school. This will include
federal projects as well as other projects that require special funding. You
are also responsible for carrying out the policies of the vo -tech operating
committee, the vo -tech superintendent, and the vo -tech director. You operate
in place of the vo -tech director when he is not present. You further perform
other functions and duties that may, from time to time, be assigned to you by
the Operating Committee or the vo -tech director.
You have requested the advice of the State Ethics Commission as to
whether you may participate in the vote as a member of the Purchase Line
School District to become a participating member of the Indiana County Area
Vocational - Technical School. You further request the advice of the
Commission as to whether you may remain on the Board of Directors if the
Purchase Line School District, in fact, joins the County Vocational - Technical
School.
Discussion: At the outset, it is noted that this advice will only address
the issues presented within the purview of the State Ethics Act.
As elected officials, members of area school boards are public officials
as that term is defined in the State Ethics Act. 65 P.S. 5401. Krier,
84 -002. As such, their conduct must conform to the requirements of the Act.
Generally, the State Ethics Act provides as follows:
Section 3. Restricted activities.
(a) No public official or public employee shall use his
public office or any confidential information received
through his holding public office to obtain financial gain
other than compensation provided by law for himself, a
member of his immediate family, or a business with which
he is associated. 65 P.S. 403(a).
Additionally, the Ethics Commission is empowered to address other areas of
possible conflict pursuant to Section 3(d) of the Act. 65 P.S. 5403(d).
Fritzinger, 80 -008. The parameters of the types of activity encompassed by
Mr. John J. Jahoda, Jr.
February 10, 1986
Page 3
this provision may generally be reviewed in light of the preamble to the
Ethics Act which enunciates the legislative intent of the Act. Pursuant to
that provision of law, public employees and officials are to ensure that their
conduct does not present a conflict of interest with the public trust. 65
P.S. '5401. Such a conflict may exists where an individual represents one or
more interests that are adverse, Alfano, 80 -007, or where individivals serves
in positions that are incompatible or conflicting.
The Commission has recently reviewed a similar question in regard to a
school di rector's participation i n a school district's deci sion to sponsor a
community college where the director was employed. See Yaw, 85 -011.
Generally, the Commission held that the Ethics Act placed no per se
prohibition upon a director of a sponsoring school district from serving as an
administrative employee of the community college. That same logic would
•appear to be applicable in the instant situation. Turning to the more
important question of the director's participation in the spornsorship matter,
the Commission generally held that the school di rectors could not vote or
otherwise participate in the deliberations of the sponsorship plan. See Yaw,
85 -011. Generally, the Commission determined that because of the level of the
school di rector's respective positions of empl oyment i n the community
college, they would be placed in a position that could conflict with the role
as school director. Generally, the Commission determined that where the
school di rectors served in management level positions that requi red them to
perform duties regarding the overall operation of the institution along with
the college president, that they would be placed in conflicting positions if
they were, as directors, called upon to act on matters involving the college.
Speci fical ly, the Commi ssi on determi ned that as school di rectors, these
individuals were obliged to act on behalf of the public in deciding questions
regarding the budget, the sponsorship program, as well as a variety of other
matters. As management level employees of the college, however, these
individuals would be generally acting in the best interest of the institution
rather than the public in general. Additionally, school directors the
Commission noted that these individuals would be responsible for appointing
membership to the board of trustees that governed the general policies of the
college. In this respect, they would be appointing individuals who had
oversight of their employment positions. Because of all these factors, the
Commission determined that while the individuals could simultaneously serve as
a director and employee of the college, they must abstain from participation
in all matters involving the college. The Commission noted that it did not
find that all positions of employment in the college would occasion the same
result. c.f. Farris, No. 394 (employee of the library of an Intermediate
Unit, who simultaneously served as a member of a sponsoring school district
could participate in matters involving that Unit).
In the instant situation, based upon all of the facts that have been set
forth in your letter of request, it appears as though your position as
administrative assistant in the vo -tech school would be equivalent to the type
Mr. John J. Jahoda, Jr.
February 10, 1986
Page 4
of position held by the community college employees outlined in Yaw, supra.
Had your position been merely one of guidance counselor, it is douhtful
whether the same result would have been occasioned. However, because of your
duties and responsibilities specifically in relationship to the overall
operation of the school along with the director, it appears as though your
position would be similar to that of the school directors in Yaw. Thus, as a
result, you may not participate in the Purchase Line School flistrict's
decisions regarding the vocational - technical school.
Conclusion: A management level employee of a county vocational - technical
school who simultaneously serves as a member of a school district board may
not participate in that hoard's decision to become a sponsoring district of
the school. The Ethics Act places no per se prohibition upon your continued
simultaneous service as a member of the board of school directors and an
employee of the institution.
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.
This letter is a public record and will be made available as such.
Finally, if you disagree with this Advice or if you have any reason to
challenge same, you may request that the full Commission review this Advice. A
personal appearance before the Commission will be scheduled and a formal
Opinion from the Commission will he issued. Any such appeal must he made, in
writing, to the Commission within 15 days of service of this Advice pursuant
to 51 Pa. Code 2.12.