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HomeMy WebLinkAbout82-507 ThompsonRE: Teaching, Conference Dear Mr. Thompson: Mailing Address: ' STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 January 27, 1982 ADVICE OF COUNSEL Donald L. Thompson Organizational Development Coordinator Governor's Office of Budget & Administration Commonwealth of Pennsylvania 512 Finance Building Harrisburg, Pennsylvania 17120 82 -507 This responds to your letter of January 11, 1982, in which you requested advice from the State Ethics Commission. Issue: In that communication you requested advice as to any prohibitions contained in the Ethics Act as applied to the activities you intend to undertake. Facts: You indicate that you are presently employed as the Organizational Development Coordinator of the Governor's Office of Budget and Administration. You have been approached by the Department of Defense (Army) to conduct a two -day workshop /seminar at the Anniston Army Depot in Alabama. You have been asked to conduct this workshop /seminar because of your knowledge in the area of situational leadership, partici- pative management and ability to share basic organizational development principles. In relation to this workshop /seminar the Army will provide you with your travel expenses (lodging and car rental) but at present is not offering to pay for your services at this workshop /seminar in general. However, you request advice as to whether or not you could accept a fee for the workshop /seminar participation in general beyond the acceptance of payment of expenses for travel and lodging and car rental. State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Donald L. Thompson January 27, 1982 Page 2 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 personal or professional interest outside of and in addition to their service to the Common- wealth. Indeed, the State Ethics Commission has previously reviewed a similar situation and has ruled that such parti- cipation in limited types of instructional activity are not barred by the State Ethics Act. See Hershock, 79 -505. Accordingly, there is no prohibition in the Ethics Act from your acceptance of this opportunity to participate in this workshop /seminar. The Ethics Act does not prohibit you from acceptance of a fee or as indicated above payment or reim- bursement of your travel and lodging expenses. The Act does, however, specify that no public employee may use his public office or confidential information received therefrom to obtain personal financial gain, including the promise of future employment. However, there is no indication or reference to any such activity in rela- tion to the opportunity presented here. We mention this prohibition only for the purposes of completeness. We find no problem under Section 3(a) or Section 3(b) in your acceptance of this role as an instructor or speaker at this workshop /seminar. Conclusion: Acceptance of this opportunity to participate in this workshop /seminar and acceptance of payment for your role in that conference (including a fee for your service for participation as well as expenses for travel and lodging) would not create a conflict of interest prohibited by the Ethics Act. 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. Donald L. Thompson January 27, 1982 Page 3 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: Jay C. Waldman, Excutive Assistant to the Governor Sincerely, andra S. stianson General Co•nsel