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Home My WebLink About81-570 HaskinsYvonne B. Haskins, Parole Supervisor III District Supervisor 14th Floor State Office Building 1400 Spring Garden Street Philadelphia, PA 19130 Dear Ms. Haskins: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 June 2, 1981 ADVICE OF COUNSEL RE: Statement of Financial Interest Interest Appeal Issue: On May 5, 1981, you appealed a finding by your personnel office and the office of Administration that you are a "public employee" required to file a Financial Interest Statement under Act 170. Facts: You hold a position as a Parole Supervisor III for the Pennsylvania Board of Probation and Parole. Your official job description states "the District, Supervisor is a position with responsibility for directing a large field office..., has authority and responsibility to issue warrants, commit and detain parolees..., directs the investigation of cases..., directs the preparation, maintenance and security of records and reports..., and directs and monitors district activities and the Board." You have general responsibility for six (6) Community Parole Centers, initiating proposals for program implementation, grant applications, and you have directed federally funded programs. In addition you administer personnel rules and labor/ management contract requirements for a staff of over 140 employees. You handle staff grievances, conduct disciplinary proceedings and have the authority to issue one -day suspensions as warranted to employees for disruptive behavior, insubordination, etc. You direct, through subordinate staff, a volunteer program of approximately 200 community volunteers. You engage in police and community relation work in seeking job opportunities for clients and in general, attempt to secure good community relations through community meetings, public speaking and media contact. 81 -570 Yvonne B. Haskins June 2, 1981 Page 2 Discussion: Section 2 of Act 170 defines a "public employee" as any individual employed by the Commonwealth or a political subdivision who is responsible for taking or recommending official action of a non - ministerial nature with regard to . administering or monitoring grants or subsidies or any other activity where the official action has greater than a deminimis economic impact. The Commission regulations further define "public employee" as including a person who normally performs his or her responsibility in the field without on -site supervision, or the individual who has the authority to forward or stop recommendations from being sent to the person or body with the authority to make final decisions. The term includes one who prepares or supervises the preparation of final recommendations. In your job as District Parole Supervisor III, you are clearly in a position where you are responsible for taking official action of non - ministerial nature with regard to activities having a greater than a deminimus nature on the economic interests of any person. In particular, authority to issue one -day suspensions to the 140 employees under your supervision clearly falls within this category. Likewise, your general responsibility for the six Community Parole Centers in the city of Philadelphia and 200 community volunteers is a significant one. In this area your decisions and ability to recommend or stop recommendations surely impacts upon the persons in the parole program and its volunteers in a manner far from de minimus. Also, in relation to the parolees themselves, you weild significant power. You have the independent authority exercised without on -site supervision to detain and commit parolees for up to 15 days. You argue in your appeal that such action and authority is ministerial. We are hard- pressed to imagine a more fundamentally important action than depriving a person of his freedom. The economic impact of such an action is easily apparent. The parolee may suffer loss of employment. The detention has an economic impact on the parolee, despite your assertion that 40% of your clientele are unemployed. By necessary implication 60% must have some job and when your detention authority is asserted as to any one within this group (60 %) the economic impact test of the Ethics Act is met. At least as significant is the economic impact of your detention action upon society and government. Someone must Yvonne B. Haskins June 2, 1981 Page 3 pay for this detention. Your authority and your decision to impose this sanction results in costs both to the parolee and society. This authority as well as the other aspects of your job, bring you within the parameters of the definition of "public employee" under the Ethics Act. Conclusion: You are a "public employee" as that term is used in Act 170 and /or its regulations and are required to file a Financial Interest Statement. This statement must be filed with your personnel office within 15 days of receipt of this Advice. 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 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 a formal Opinion from the Commission. You should make such a request within the next 15 days. SSC /na cc: Robert E. Yerger, Director Bureau of Personnel William Kennedy, Chief Personnel Management Review Division a ndra S. C 'istianson General Co sel