HomeMy WebLinkAbout80-746 Hensler1980.
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
December 29, 1980
ADVICE OF COUNSEL
Elmer Hensler
Guidance Consultant
Division of Student Services
Bureau of Cirriculum Services
Pennsylvania Department of Education
80 -746
RE: Teaching, Conflict of Interest
Dear Mr. Hensler:
This responds to your communication of December 16,
Issue: You request information regarding any prohibitions
that the Ethics Act might place on you in the following
circumstances:
(1) as a teacher of a course at Harrisburg Area
Community College; and
(2) as a contractor, selected to revise sections of a
book of career information on conservation.
Facts: You currently serve as a Guidance Consultant in the
Division of Student Services, Bureau of Cirriculum Services
with the Pennsylvania Department of Education. You have
been asked to teach a course for the Community Resource
Institute at Harrisburg Area Community College. The course
will run from 7:00 to 9:00 p.m. and will in no way conflict
with your assigned duties.
In addition, you have been asked to revise a book on
careers in conservation which was originally published in
1971. You will be contracted to revise sections of the book
to update career information on conservation. You do not
intend to be encouraging marketing or sales of this book and
will receive payment only for your work on the revision
pursuant to the contract. Payment will not be based on
sales of the book. Your name will only appear in the
acknowledgements section of the book. Your name and title
will not be used in any manner in order to induce sales of
the book.
Elmer Hensler
December 29, 1980
Page 2
Discussion: The State Ethics Commission has previously
determined that acceptance of a part -time teaching contract
with an institution of higher education would not create a
conflict of interest under Act 170 in relation to your
employment with the Commonwealth. See Hershock, 79 -055 and
Scanlon, 79-548. Therefore, there is no prohibition under
the Ethics Act as to your acceptance of the position of
teaching a course at Harrisburg Area Community College.
Likewise, in relation to your contracting to revise the
particular sections of the book referred to above, the
Ethics Act does not prohibit such employment. Of course, no
public employee may use confidential information obtained
through his public employment to obtain personal financial
gain. However, there is little or not opportunity that we
car, perceive that such financial gain, other than the
contracted price, could be secured through this employment.
This is true even if your name and official title appear in
the acknowlegements section of the book as you indicate. We
believe this is similar to the opinion which we have recently
rendered in the case of Golden, 80 -051. Consequently, there
is no reason under Act 170 to assume that such a contract
would violate the provisions of the Ethics Act.
Cod�c:lusion: Act 170 does not preclude you from accepting a
po.i_tion as a teacher for the course at Harrisburg Area
Commun -�y College or as a contractor to revise certain
sect ons of the book on careers in conservation.
P12rsuant 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 ox 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
have any reason to challenge same, you may request that 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,
44 'ndra S. Chr stianson
General Co sel