HomeMy WebLinkAbout80-686 MarkelMr. Merwyn R. Markel
3000 Swallow Hill Road
Apartment 104
Pittsburgh, PA 15220
Dear Mr. Markel:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
June 24, 1980
ADVICE OF THE COMMISSION
In May of 1979, you asked for an opinion on the
applicability of Act 170 and whether there would be
any conflict if you supplement your income by serving
as an Ad Hoc Labor Arbitrator. You noted you are
employed by the Pennsylvania Human Relations Commission
as a Human Relations Representative II.
In August of 1979 the Commission considered your
request but deferred action pending the publication of
final regulations including the refinement of the public
employee definition in Act 170.
Advice #80 -686
Those regulations were published in April of 1980 and
the Governor's Office implemented them for all persons
under the Executive Branch. During that implementation it
was determined that your responsibilities were not those
of a "public employee" as that term is used in the Act.
There would be no conflict of interest under Act 170
in your serving as an Ad Hoc Labor Arbitrator as long as
you do not use your office or information gained from that
office for personal financial gain.
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.
PJS /rdp
UL J N TH
Chair