Loading...
HomeMy WebLinkAbout81-608 DowdellGeorge R. Dowdell 32 Pheasant Court Mechanicsburg, PA 17055 Dear Mr. Dowdell: Mailing Address: STATE ETHICS COMMISSION P.O. BOX 1179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 August 25, 1981 ADVICE OF COUNSEL 81 -608 This responds to your letter of July 22, 1981, in which you, as an Information Specialist II (Press Secretary) with the Pennsylvania Historical and Museum Commission, requested an Opinion from the State Ethics Commission. Issue: You request Advice as to whether the Ethics Act requires a former Information Specialist II (Press Secretary) to file a Statement of Financial Interest. Facts: You were an Information Specialist II (Press Secretary) in the Pennsylvania Historical and Musuem Commission in calendar year 1980. An Information Specialist II is responsible for public contact work involving all media to present the service of a department or agency to the public. The job specifications for this class is characterized by increased independence in preparing and assembling material and deciding on methods of dissemination. You supervised the work of editors, photographers and clerical workers; assumed responsibility for employee, public and labor relations; planned and executed a program of public relations for the department; wrote news releases, prepared radio and television releases on department activities; answered inquiries on department activities; prepared exhibits promoting the work of the department; and maintained close contact with workers in all media of public relations and civic groups to further the promotion of the work of the department. Your supervision was through the office of the Executive Director of the Commission. Discussion: The Ethics Act, 65 P.S. 401 et. seq. defines public employee as any individual employed by the Commonwealth State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Advice of Counsel August 25, 1981 Page 2 who takes or recommends official action of a non - ministerial nature with regard to any official activity where the official action has a greater than deminimus impact on the interests of any person. The Ethics Commission regulations also state a public employee is a person whose recommendations or actions are an inherent and recurring part of his /her position; and affect organizations other than his /her own organization. You took official action when preparing and assembling material and deciding on methods of dissemination in presenting the agency's actions to the public. Equally clear is the fact that you planned and executed a program of public relations for the - agency; wrote news releases; prepared radio and television releases on department activities; and answered to the public on inquiries involving the agency. It is clear that these are non - ministerial actions; actions where you exercised your own judgment as to the desirability of the action being taken. You note in your request for appeal that invasion of privacy is an issue. The Ethics Act has been upheld in the Courts when subjected to challenge on privacy grounds; Snider v. State Ethics Commission, 405 A.2d 602 (1979). Conclusion: An Information Specialist II (Press Secretary) is a public employee required to file a Financial Interest Statement by the Ethics Act. As a former public employee of the Pennsylvania Historical and Museum Commission, you are required to file the enclosed Financial Interest Statement within 15 days of this Advice. File the white copy with this Commission (address at top of form); file the yellow copy with your former agency personnel office (Pennsylvania Historical and Museum Commission); and keep the green copy for your records. 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 Advice of Counsel August 25, 1981 Page 3 from the Commission will be issued. You should make such a request or indicate your disapproval of this Advice within the next 15 days. RED /na Sincerely, cc: Bill Kennedy, OBA Charles Sciotto, OBA Sybil J. Worden, Personnel office Sandra S. Ch stianson General Co sel P.S. I'm enclosing a copy of an "Advice of Counsel" which you requested in October, 1980; but you apparently never received it. It was sent to your former agency.