HomeMy WebLinkAbout80-693 MillerSTATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
July 28, 1980
ADVICE OF THE COMMISSION
Stanley A. Miller, Commissioner
Bureau of Professional & Occupational Affairs
Department of State
Dear Mr. Miller:
On June 30, 1980 you asked for advice on the Governor's
nomination of the Reverend Dr. Horace S. Sills to the State
Board of Funeral Directors. Your attached correspondence -
from the Executive Director, Christine M. Diefenderfer, of
the Pennsylvania Funeral Directors Association questioning
the appointment of Reverend Dr. Sills and stating that she
was "advised that the Memorial Societies proposed Reverend
Dr. Silas for the position."
By telephone on July 8, the Ethics Commission's Executive
Director determined the following:
1. The State Board of Funeral Directors does not
regulate the Memorial Societies.
2. Reverend Dr. Silas is not a member of the Memorial
Societies nor had he any knowledge that they had
recommended him. It was his understanding that he
had been recommended by the Pennsylvania Council
of Churches.
3. The local Memorial Society supports Reverend Dr. Sills'
appointment.
On July 9, 1979 the Commission issued Opinion 79 -024 to
Mrs. Ethel D. Allen, then the Secretary of the Commonwealth.
The Commission found a conflict when a member of a State
Board also held an office in the association of persons or
businesses regulated by that board. On December 13, 1979
Governor Thornburgh signed Act 125 of 1979 which stated " no
member of any professional examining and licensing board
shall at the same time be an officer or agent of any state-
wide association or organization representing the profession
or occupation subject to the board's actions.
Advice #80-693
Stanley A. Miller
July 9, 1980
Page 2
The Memorial Societies do not come within the scope of
either the Opinion or Act 125.
Reverend Dr. Sills would not have a conflict under Act 170 if
he is appointed to the State Board of Funeral Examiners.
Nor would there be a conflict if a member of the Memorial
Societies was proposed as a public member or if that Society
supports the proposal of another body for a public member to the
Board.
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.
PJS /rdp
You may appeal this advice to the full Commission.
This letter is a public record and will be made available
as such.
cc: Reverend Dr. Horace S. Sills
PAUL J. ITH
Chairma