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HomeMy WebLinkAbout81-527 ObeidSTATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 March 26, 1981 ADVICE OF COUNSEL Mr. Joseph Obeid Body Dobson Elementary School 80 Jones Street Wilkes- Barre, PA 18702 RE: Statement of Financial Interests, School Principals Dear Mr. Obeid: 81 -527 This responds to your letter of February 10, 1981, in which you, an elementary school principal, requested an opinion from the Ethics Commission. Issue: In your letter you requested advice as to whether elementary school principals must file Financial Interest Statements. Facts: You informed us that you are an elementary school principal in the Wilkes -Barre Area School District. An elemen- tary school principal supervises the activities of the profes- sional staff, assists in choosing new professional staff members, recommends assignment, promotion or discharge of staff and recommends commendation or discipline of personnel. The principal helps in the mandatory professional rating of staff. In general, the principal manages the school to which he or she is assigned. Discussion: The Ethics Act, 65 P.S. §401 et seq., defines "public employee" as: "Any individual employed by the Common- wealth or a political subdivision who is responsible for taking or recommending official action of a non - ministerial nature with regard to: (1) contracting or procurement; (2) administering or monitoring grants or subsidies; (3) planning or zoning; (4) inspecting, licensing, regulating or auditing any person; or Mr. Joseph Obeid March 26, 1981 Page 2 (5) any other activity where the official action has an economic impact of a greater than de minimus nature on the interests of any person." 65 P.S. §402. A school principal is responsible for taking non - ministerial action, particularly in regard to personnel. The principal may, in his or her discretion, recommend either promotion or discharge for the employees he supervises. Accordingly, the regulations promulgated by the Ethics Commission include school principals among employees required to file statements of financial interest. See also Casey, 80 -049. As a school principal you must file a Financial Interest Statement. Conclusion: A public school principal is responsible for taking non - ministerial action that has a greater than de minimus impact on the economic interests of any person and is a public employee within the meaning of the Ethics Act. Therefore, a public elementary school principal, such as yourself, must file a statement of financial interests. 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 available 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. SW /rdp Sandra S. Chr istianson General Counsel