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HomeMy WebLinkAbout81-544 BayneSTATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 April 9, 1981 ADVICE OF COUNSEL David S. Bayne 81 - 544 Board of Pardons 1431 Strawberry Square Harrisburg, PA 17120 RE: Secretary of Board of Pardons, Conflict of Interest Dear Mr. Bayne: This responds to your letter of March 16, 1981, in which you, as Secretary of the Board of Pardons, requested an opinion from the Ethics Commission. Issue: You requested advice as to whether the Secretary of the Board of Pardons could also serve as an auditor of the Commission on Accreditation for Corrections and as a part -time counselor in a social service agency. Facts: You informed us that you are employed by the Common- wealth as full -time Secretary of the Board of Pardons. You are also a Standards Compliance Auditor for the Commission on Accreditation for Corrections (Auditor). As an Auditor you conduct standards compliance audits at correctional institutions outside of Pennsylvania for a fee. You are also a part -time counselor in the Counselor - Community Treatment Program conducted by Tressler Lutheran Service Associates. You counsel juvenile delinquents from hourly wage; these wages are ultimately paid by those counties which refer youths to the program. Discussion: As the Secretary of the Board of Pardons you are subject to the Ethics Act, 65 P.S. §401 et seq. The Act does not, however, prevent you from acting as an Auditor and a Counselor while serving as the Secretary of the Board of Pardons. To comply with the statute, however, you may not use your official position or any confidential information received through holding public office to obtain financial gain for yourself other than that provided by law. 65 P.S. §403(a). You may not use your post as Secretary of the Board of Pardons to obtain work as an Auditor or Counselor. Nor may you use confidential information received as Secretary in your work as an Auditor or a Counselor. David S. Bayne April 9, 1981 Page 2 Further, no person may attempt to influence your official actions as Secretary by offering you anthing of value. 65 P.S. §403(b). Future employment is a thing of value and no one may attempt to influence your official actions by offering you employment as an Auditor or a Counselor. Section 3(c) of the Act declares that no public official or employee shall enter into any contract valued at $500 or more with a governmental body unless the contract is awarded through an open and public process. 65 P.S. §403(c). The Commission has applied the requirements of Section 3(c) only to those "governmental bodies" with which you are associated. You are "associated" only with the Board of Pardons, according to the facts you provided to us. Thus, you may contract with the Commission on Accreditation for Corrections and Tressler Lutheran Services without regard to the requirements of Section 3(c) because neither is the governmental body with which you are "associated." Thomas, 80 -028. Conclusion: As the Secretary of the Board of Pardons you are subject to the Ethics Act. You may work as an Auditor and a Counselor while serving as Secretary. You may not use your official position or confidential information received as Secretary to obtain work as an Auditor or Counselor. No one may offer employment nor can you accept same as an Auditor or Counselor in an attempt to influence you actions as Secretary. You may contract with the Commission on Accreditation for Corrections and Tressler Lutheran Services without reference to the open and public process requirements of the Ethics Act because neither the Commission or Tressler Lutheran Services is a governmental body with which you are associated. Any contract with the Board of Pardons would have to comply with the open and public requirements of Section 3(c) of the Ethics Act. 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 David S. Bayne April 9, 1981 Page 3 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 andra S. C ristianson General Counsel