HomeMy WebLinkAbout81-593 EagerMailing Address:
STATE ETHICS COMMISSION
P.O. BOX 1179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
July 17, 1981
ADVICE OF COUNSEL
Beverly Eager
Pennsylvania Liquor Control Board
Harrisburg, PA 17124
81 -593
RE: Public Employee, Conflict of Interest
Dear Ms. Eager:
This responds to your letter of June 2, 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 you, an employee of the Pennsylvania Liquor Control
Board, to form a private wine tasting society.
Facts: You informed us that you are the Press Secretary of the
Pennsylvania Liquor Control Board (PLCB). You would like to
organize a Harrisburg Chapter of an international wine society,
Les Amis du Vin. Les Amis du Vin is a society devoted to
educating people about wine through monthly wine tasting and
other activities. As chapter director you will establish a
checking account, contact local news media, set up wine tastings
and participate in wine selection.
Discussion: The Ethics Act, 65 P.S. §401 et seq., governs the
conduct of public employees. There is, however, no inherent
violation of the Act in an employee of the PLCB forming a wine
tasting society.
You should be aware that you may not use your public
employment or confidential information received through your
public employment to obtain financial gain for yourself or Les
Amis du Vin. 65 P.S. §403(a). For example, you may not use
confidential information about a proposed price increase to
benefit the society.
Conclusion: You, as the Press Secretary of the PLCB, may form
a chapter of a wine tasting society. You may not use your post
or confidential information obtained in your employment to
benefit yourself or the society.
State Ethics Commission • 308 Finance Budding • Harrisburg, Pennsylvania
SW /rdp
Beverly Eager
July 17, 1981
Page 2
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 requester 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.
ra S. C istianson
General Co sel