HomeMy WebLinkAbout81-645 DiasHarry W. Dias
R.D. #1, Box 452
Blairsville, PA 15717
Mailing Address:
STATE ETHICS COMMISSION
N.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
November 24, 1981
ADVICE OF COUNSEL
81 -645
RE: Financial Interest Statement filing requirement of a
Heavy Equipment Operator in PennDot.
Dear Mr. Dias:
Issue: On November 9, 1981, you wrote to this Commisssion
for information on your Financial Interest Statement filing
requirements since you are retiring in December 1981 from
the Pennsylvania Department of Transportation.
Facts: You specifically indicated that you are an Equipment
operator with the Department of Transportation in Blairsville,
Pennsylvania.
Your specific job description states that you perform
the following tasks:
- operate heavy trucks or medium heavy construction
and maintenance equipment.
- operate tractor - trailer or heavy single chassis trucks.
- operate other moderately complex construction equip-
ment such as large rollers, front -end loaders, traffic
line painting machines, large snow plows or snow blowers,
mudjacks, graders, and cinder spreaders.
- maintain such equipment as noted above with performance
of related work of an unskilled nature.
Your work is assigned with general instructions on a
project basis, and you proceed independently in the operation
of the equipment without further instruction or assistance.
Discussion: Act 170 -1978 defines a public employee as:
Any individual employed by the Commonwealth or
a political subdivision who is responsible for
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Advice of Counsel
Harry W. Dias
November 24, 1981
page 2
taking or recommending official action of a
nonministerial nature with regard to:
(1) contracting or procurement:
(2) administering or monitoring grants or subsidies:
(3) planning or zoning:
(4) inspecting, licensing, regulating or auditing
any person; or
(5) any other activity where the official action
has an economic impact of greater than a
de minimus nature on the interests of any
person.
"Public employee" shall not include individuals
who are employed by the State or any political
subdivision thereof in teaching as distinguished
from administrative duties.
Further, the State Ethics Commission regulations specifically
state under (iv)(a) that maintenance workers and /or equipment
operators are generally not considered public employees.
Conclusion: The State Ethics Act does not require you to
file a Financial Interest Statement.
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 15 days.
RED /na
cc: Thomas D. Larson, Secretary
Sincerely,
General Co nsel
tianso