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HomeMy WebLinkAbout81-554 EckFrederick N. Eck Box 148A, RD #2 Honesdale, PA 18431 RE: Conflict of Interest Dear Mr. Eck: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 April 16, 1981 ADVICE OF COUNSEL 81 -554 This responds to your letter of April 3, 1981, in which you requested an opinion from the Ethics Commission. Issue: You requested advice as to whether it is a conflict of interest for an employee of the Department of Aging to provide consulting services to a county youth services program. Facts: You informed us that you are employed by the Department of Aging as an Aging Field Representative. As a Field Representative you approve and disapprove budgets, expenditure reports, and program reports in Schuylkill, Monroe, and Clinton Counties. You also monitor programs at the county level and report to the Department of Aging. You also provide consulting services for the Wayne County Children and Youth Services Program. You provide bookkeeping services to the Wayne County program and assist the program in preparing their budgets and expenditure reports. Discussion: The Ethics Act , 77 P.S. §401 et seq. defines " public employee" as any person employed by the Commonwealth who is reponsible for taking or recommending official action of a non - ministerial nature with regard to contracting, admini- stering grants or taking any other activity where the official action has an economic impact of a greater than de minimus nature on the interests of any person. 7. P.S. 402. Approval or disapproval of budgets is such a non - ministerial action and therefore you are a public employee subject to the Act. The Ethics Act does not preclude you from providing consulting services to the Wayne County Youth Services Program while employed by the Department of Aging. The Act does impose some restrictions on your conduct. You may not use your public employment in the Department or any confidential information gained through that employment to obtain financial gain for yourself, your immediate family or a business with which you Frederick N. Eck April 16, 1981 Page 2 are associated. 77 P.S. §403(a). Thus, you may not use your public employment or confidential information received as a public employee to obtain consulting or any other work. No one may offer you anything of value including the promise of future employment, based on any understanding that your official actions would be influenced thereby. 77 P.S. §403(b). No one may offer you work as a consultant based on any understanding that your actions as a public employee would be affected thereby. Section 3(c) of the Act states that no public employee may enter into any contract valued at greater than $500 with a governmental body unless the contract is awarded in an open and public process. 77 P.S. 403(c). The Commmi.ssion has inter - preted the phrase "governmental body" to mean the governmental body with which you are associated. The governmental body with which you are associated is the Department of Aging. Therefore, you may contract with the Wayne County Children and Youth Services Program without reference to the open and public process requirements in Section 3(c) of the Act. Conclusion: You are a public employee subject to the Ethics Act because your duties include approving or disapproving budgets. You may be a consultant to a Youth Services Program while employed by the Department of Aging. You may not use your public employment or confidential information received through your public employment to obtain work as a consultant. No one may offer you work as a consultant based on any understanding that your official acts would be influenced thereby. Because the governmental body with which you are associated is the Department of Aging you may contract with other govern- mental bodies without reference to the open and public process provisions of Section 3(c) of the statute. 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 1LCUCL1eK A. LICK April 16, 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 Si cerely, ndra 'C.,ristianson General C•l sel