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HomeMy WebLinkAbout81-600 BlustRoss S. Blust P.O. Box 911 12th Floor Harristown II 333 Market Street Harrisburg, PA 17120 Mailing Address. STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 August 11, 1981 ADVICE OF COUNSEL RE: Part -time Employment, Arbitrations Dear Mr. Blust: This responds to your letter of July 17, 1981. 81 -600 Issue: In that communication you request advice from the State Ethics Commission as to whether or not you may engage in part -time work as an arbitrator /fact- finder while employed by the Pennsylvania Department of Education (PDE). Facts: You are currently an employee of PDE working as an Assessment Specialist II. Your work is designated as Project Coordinator for the School Climate Improvement Project. This project includes only the Southwest Junior High School in the Reading School District and the Stewart Middle School in the Norristown School District, at present. The Roosevelt Junior High School in the Allentown School District may become part of this project in the future. As part of your responsibilities you assist the Division of Educational Quality Assessment and this includes test development and delivery of school reports to school districts. These reports and evaluations are delivered to the districts that participate in the Educational Quality Assessment Program and includes a two to three hour interpre- tation session at the school district site. State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Ross S. Blust August 11, 1981 Page 2 You indicate that you wish to work part -time as an arbitratory /fact - finder.. This work would involve private and public sector assignments, in some cases, made through the Labor Relations Board or the Bureau of Mediation within the Department of Labor and Industry. These activities could involve Pennsylvania school districts, municipalities in Commonwealth bargaining units other than :?DE This work would be handled on your own (non -work) time, raid you propose that you would not except any responsibilities as an arbitrator /fact - finder in any school districts where you worked several days a year. This would mean that at present, the districts excluded would be the Reading and Norristown School Districts. Discussion: The State Ethics Act requires that public employees must avoid any actual conflicts of interest or the appearance of any conflict of interest. The Commission has concluded that engaging in part -time work (on your own time) does not per se constitute a prohibited activity under the provisions of the Ethics Act. However, you should be advised that no public employee may use his public employment or confidential information gained through that employment for his personal financial gain. This would mean, in your case of course, that you may not use your contacts with Pennsylvania school districts, municipalities or the Commonwealth (PDE), to secure employ- ment as a arbitrator /fact - finder. You are not precluded from utilizing the expertise gained through your public employment, except as outlined above. In addition, the Ethics Act also requires that no public employee may give or accept any thing of value with the understanding that his official conduct or duties would be influenced thereby. You must abide by this prohibition in any public employment which you hold or secure. In addition, it is best as you indicate, to exclude from any work as an arbitrator /fact - finder those school districts where you work for any days of a particular year or have worked on any extended basis. This caution would extend to districts which might be included within your responsibilities in the future as well as to the Reading and Norristown School Districts which are within your jurisdic- tion at the present time. Conclusion: The Ethics Act does not, per se, prohibit the acceptance of part -time work as an arbitrator /fact- finder by an employee of the PDE such as yourself. However, your conduct as a public employee should be guided by the prohi- bitions and cautions set forth in this Advice. Ross S. Blust August 11, 1981 Page 3 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. SSC /rdp cc: Robert Scanlon, Secretary Department of Education Sincerely, /• - ndra hristianson General C•unsel