HomeMy WebLinkAbout80-745 MiddendorfSTATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
December 29, 1980
ADVICE OF CHIEF COUNSEL
William B. Middendorf
Deputy Secretary for Environmental Protection
Department of Environmental Resources
RE: Teaching Seminar, Public Employment
Dear Deputy Secretary Middendorf:
1980.
This responds to your communication of November 17,
80 -745
Issue: You request information as to whether or not
acceptance of a position as an instructor for a graduate -
level seminar on Environmental Policy at the University of
Pennsylvania Graduate Center in Harrisburg poses any
problems under the Pennsylvania Ethics Act.
Facts: You have been requested to teach a graduate -level
seminar on Environmental Policy at the University of
Pennsylvania Graduate Center in Harrisburg. Renumeration
for this position is approximately $1500 for the seminar
which will be conducted in the evening and will consist of
topics such as environmental policy development at the
national and state levels with special emphasis on water and
air pollution, hazardous waste, and growing concerns on
energy dependence. You will be the prime instructor and
there may be guest lecturers utilized in specific topic
areas.
You presently serve as Deputy Secretary for Environ-
mental Protection in the Department of Environmental
Resources of the Commonwealth of Pennsylvania.
William B. Middendorf
December 29, 1980
Page 2
Discussion: The Commission has previously rendered advices
which indicate that there is no conflict with Act 170 in the
acceptance of a part -time teaching contract. See Advice
Hershock, 79 -505 and Scanlon, 79 -548. Consequently, in your
case there would be no apparent conflict with your position
as Deputy Secretary for Environmental protection and your
proposed role as instructor of a graduate -level seminar on
Environmental Policy at the University of Pennsylvania.
Conclusion: Act 170 does not impede you from accepting the
position as an instructor for the graduate -level seminar on
Environmental Policy which you have been offered for the
Spring term of 1981.
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 avail-
able as such.
Finally, if you disagree with this Advice or if you
hE.ve any reason to challenge same, you may request tha':. the
full Commission review this Advice. A personal appearance
before the Commission may be scheduled and a formal Opinion
from the Commission will be issued. You should make such a
request or indicate your disapproval of this Advice within
the next 30 days.
SSC /rdp
Sincerely,
Sandra C�, istianson
General C sel