HomeMy WebLinkAbout80-634 CutlerTO:
DISCUSSION:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
May 15, 1980
ADVICE OF COMMISSION
Sheldon I. Cutler
President
Congregation Beth Chaim
350 E. Street Road
Feasterville, PA 19047
Advice #80 -634
RE: County Board of Assistance Administrator Negotiating
a Contract with His Department for a Synagogue.
FACTS:
On April 14, 1980, Mr. Cutler requested an advice
on the following fact situation:
He is presently employed by the Philadelphia County
Board of Assistance as an Administrative Officer IV,
Director of Management Services. He also serves as
the Layleader for the Congregation Beth Chaim, a
non - paying position. In his Layleader capacity he
has been requested to negotiate a contract between
the Department of Public Welfare and the Congregation
to provide religious services for institutionalized
patients.
The issue is whether an employee of the Department of
Public Welfare, whose activities are limited to a specific
area in the Department, may negotiate a contract on behalf
of a non - profit religious body with that Department.
His departamental responsibilities have no connection
with providing religious services to institutions or any
other part of the Department.
There are no facts indicating he would be in a position
to receive personal financial benefit in this action.
Sheldon I. Cutler
May 15, 1980
Page 2
CONCLUSION:
PJS /rdp -1
Mr. Cutler may negotiate a contract with his department
to provide religious services as long as his departmental duties
do not relate to the contract and there is no personal financial
gain to him.
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.
You may appeal this advice to the full Commission.
This letter is a public record and will be made
available as such.
'AUL J. •
Chairm MITH a