HomeMy WebLinkAbout81-631 CarlsonFrederick G. Carlson
Department of Environmental -
Resoiirces
P.O. Box 2357
Harrisburg, PA 17120
RE: Section 1, 3, DER
Dear Mr. Carlson:
Mailing Address:
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
October 29, 1981
ADVICE OF COUNSEL
81 -631
This responds to your letter of September 22, 1981,
in which you, as the Director of the Bureau of Environmental
Planning, requested an opinion from the Ethics Commission.
Issue: You request advice as to whether your participation
on the Pennsylvania Power and Light Company's Public
Advisory Committee constitutes a conflict of interest
prohibited by the Ethics Act.
Facts: You informed us that you are employed by the
Pennsylvania Department of Environmental Resources (DER)
as the Director of the Bureau of Environmental Planning.
As a Bureau Director you are responsible for planning
state wide policy in environmentally sensitive areas and
assisting staff in determining the economic impact of
proposed regulations. Your Bureau, for example is respon-
sible for co- ordinating development of the State's Environ-
mental Master Plan, which is adopted by the Environmental
Quality Board. You do not personally approve this Plan,
however.
At the request of the Pennsylvania Power and Light
Company (P.P. & L.) and with the approval of the Secretary
of DER you have served on P.P. & L's Public Advisory
Committee. The Committee advises the Company on land
use policy, power plant siting, conservation alternatives
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Frederick G. Carlson
October 29, 1981
Page 2
and the development of a corporate mission statement.
Committee members serve without compensation but their
expenses are paid by P.P. & L. The Company recognizes
that your participation on the Committee does not mean
that DER approves P.P. & L. actions. It also realizes
that the views you express are your own and not those
of DER. You are not compensated for your service
on the Advisory Committee.
Discussion: The Ethics Act, 65 P.S. Section 401 et seq.,
defined public employee as any person employed by the
Commonwealth who is responsible for taking or recommending
non - ministerial action with regard to planning. Id,
Section 402. You work for the state and as Director of
the Bureau of Environmental Planning you take or recommend
non - ministerial official actions with regard to planning.
Thus, you are a public employee subject to the Ethics
Act.
The Act does not preclude your service on P.P. & L.'s
Advisory Committee as a conflict of interest. In Alfano,
80 -007, the Ethics Commission stated that a conflict
of interest arises when one represents two or more indi-
viduals with interests adverse to each other. Based on
the facts you presented to us we conclude that you cannot
be said to represent DER while also serving on the Advisory
Committee. As a Committee member you are not approving
company projects as a DER employee nor are you presenting
DER official policy. You speak as a private citizen with
special expertise in the field of planning. This is not
a conflict with your public duties because the possibili-
ties of your duties as a planning coordinator (where
plans are subject to extensive review) affecting P.P.& L.
specifically are remote.
You should be aware that you cannot use your public
employment or confidential information received through
your public employment to obtain financial gain for your-
self or a business with which you are associated. 65 P.S.
Section 403(a). You may not use confidential information
Frederick G. Carlson
October 29, 1981
Page 3
received as Director or your position in your work on the
Advisory Committee. Nor may you allow your official actions
as Director to be influenced in any way by appointment
or a promise of future appointment to the Advisory Committee.
Conclusion: Your public employment as Director of the
Bureau of Environmental Planning does not bar you from
serving as a member of P.P. & L.'s Advisory Committee
provided you do not:
(1) use your public employment to obtain a post
on the Committee; or
(2) use confidential information received through
public employment to obtain a post on the
Committee; or
(3) allow your official actions as a DER official
to be influenced by appointment to the Committee
or a promise of future appointment to the
Committee.
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 /lma
cc: Clifford L. Jones, Secretary
5476
Sincerely,
ndra S. • ristianson
General C•unsel