HomeMy WebLinkAbout81-558 BedeinSTATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
April 24, 1981
ADVICE OF COUNSEL
Phillip Bedein
Department of Environmental Resources
1875 New Hope Street
Norristown, PA 19401
RE: Public Employee, Conflict of Interest
Dear Mr. Bedein:
81 -558
This responds to your letter of March 31, 1981, in which
you, as an Air Pollution Control Engineer in the Department of
Environmental Resources requested an opinion from the Ethics
Commission.
Issue: You requested advice as to whether you may serve on the
Environmental Advisory Committee of Haverford Township while
you are employed by the Pennsylvania Department of Environmental
Resources.
Facts: You informed us that you are employed by the Pennsyl-
vania Department of Environmental Resources (DER) as an Air
Pollution Control Engineer. In 1971 you were appointed a
member of the Environmental Advisory Committee of Haverford
Township (Committee). Committee members are appointed by the
Commissioners and the Township Manager. The Committee advises
the Commissioners on matters affecting the environment such as
heat recovery systems, recycling, leaf burning, the condition
of local streams, and administers contests promoting awareness
of environmental problems. You do not receive compensation for
service on the Committee. The Committee has no financial
interest in any contracts with Haverford Township, no role in
granting contracts or the selection of contractors.
Discussion: The Ethics Act does not prohibit you from serving
as an uncompensated member of the Haverford Township Environ-
mental Advisory Committee. Your duties as an employee of the
Department of Environmental Resources do not pose any conflict
with your position on the Committee.
You should know that a public employee cannot use his
public employment or confidential information received through
holding public employment to obtain personal financial gain.
65 P.S. §403(a). To avoid the appearance of a conflict of
Phillip Bedein
April 24, 1981
Page 2
interest prohibited by Section 1 of the Act, 65 P.S. §401, you
should disqualify yourself, if, as an Air Pollution Control
Engineer, you are called upon to approve or disapprove any plan
that you prepared or participated in as a member of the
Committee. See Sowers, 80 -050.
Conclusion: The Ethics Act allows you, an Air Pollution Control
Engineer employed by the Department of Environmental Resources,
to serve as an unpaid member of the Haverford Township Environ-
mental Advisory Committee.
You must not use your public employment or confidential
information received through your employment to obtain personal
financial gain. If, as an Engineer, you are ever called upon
to approve a plan formulated by the Committee, you should
disqualify yourself from considering the plan to avoid the
appearance of a conflict of interest.
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
Si cerely,
,/ AO
Sandra S. r ris ianson
General Counsel