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HomeMy WebLinkAbout81-621 RosskopfRE: Teaching, Conference Dear Mr. Rosskopf: Mailing Address: STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 September 14, 1981 ADVICE OF COUNSEL Steven H. Rosskopf Senior Financial Advisor House Appropriations Committee 2501 -B Green Street Harrisburg, PA 17110 81 -621 This responds to your letter of September 3, 1981 in which you requested advice from the State Ethics Commission. Issue: In that communication you requested advice as to the application and any prohibitions contained in the Ethics Act to activities you intend to undertake. Facts: You indicate that you are presently employed as a Senior Financial Advisor of the House Minority Appropria- tions Committee. You have been approached by the Central Regional Training Council to participate in a two day conference (October 5 and 6) entitled "Survival Tactics for the 80's." The conference is directed at local drug and alcohol abuse, child welfare and aging service providers and will deal with teaching techniques for operating human services programs under tight fiscal restraints. You will be involved in conferences relating to zero -based budgeting as a technique for operating with limited resources and discussing the state budget appropriations process so that the providers receiving funds from the state might better understand the process by which fiscal decisions are made. Your participation would be limited to a two -hour presenta- tion each day and you would be paid $150 per day plus expenses. State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Steven H. Rosskopf September 14, 1981 Page 2 The Central Regional Training Council is one of four regional non - profit training councils which receive funds from the Office of Drug and Alcohol Programs of the Pennsyl- vania Health Department. The Council receives federal funds which are annually appropriated to the Health Department by the General Assembly and the Health Department then deter- mines how much money would be made available for individual service providers In your capacity as Senior Financial Advisor for the Democratic staff of the House Appropriations Committee you review and analyze appropriation requests for the Office of the Drug and Alcohol Programs within the Health Department. However, you have no responsibility for drafting federal augmentation appropriations bills or for recommending that a particular amount be appropriated to a specific program, such as the Central Regional Training Council. Your role is limited to budget analysis and advising the Chairman and Executive Director on Commonwealth appropriations in general. Finally, in relation to the course in question you did not seek the opportunity or ask anyone to seek the opportu- nity for you to participate in this program. Basically, the Central Regional Training Council solicited recommendations from service providers concerning those who might best be able to teach the subjects identified above and your name was recommended as one of these individuals. Discussion: Although the Ethics Act regulates the conduct of "public employees" the Ethics Act does not totally prohibit those public employees from engaging in outside employment or in pursuing interests outside of or in addition to their service to the Commonwealth. Indeed, the State Ethics Commission has previously reviewed a similar question and has ruled that such participation in limited types of instructional activity are not barred by the State Ethics Act. See Hershock, 79 -505. Problems might arise if you had indeed worked as a fiscal advisor and had played a significant role in esta- blishing the appropriations which were now going to be utilized in paying your per diem and expenses at this conference. However, on the facts as you have presented them you had no responsibility for drafting specific appro- priation bills or recommending that a particular amount be appropriated to the specific program under which you would be paid. Accordingly, we do not believe there is any Steven H. Rosskopf September 14, 1981 Page 3 problem under Section 3(a) or 3(b) which essentially provide that no public official may use confidential information received through his holding of public office to obtain financial gain for himself and that no public official shall accept anything of value, including a promise of future employment, based on the understanding that his official action would be influenced thereby. Therefore, acceptance of this role as an innstructor for this training conferenece would not create a conflict of interest prohibited by the Ethics Act. We should note, however, that in the event that you are asked to engage in specific decisions or recommendations relating to the appropriation for the Central Regional Training'Council for the conference in question, that you should disqualify yourself from participating in such decisions and or recommendations. Conclusion: Acceptance of this opportunity to participate in the two day training conference sponsored by the Central Regional Training Council and acceptance of payment for your role in that conference would not create a conflict of interest prohibited by the Ethics Act. In relation to the Central Regional Training Council, if their appropriations or monies to be paid specifically to them for this conference come within your review and recom- mendation power as a public employee, you should abstain from participating in decisions relating to same. 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 Sincerely, a dra General Co sel istianson 0"->'7