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HomeMy WebLinkAbout82-551 MullenMr. Joseph K. Mullen P.O. Box 1234 Federal Square Station Harrisburg, PA 17108 Mailing Address: STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 May 28, 1982 ADVICE OF COUNSEL State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania 82 -551 RE: Training Coordinator - Juvenile Court Judges Commission - Private Consultant Practice Dear Mr. Mullen: This responds to your letter of May 11, 1982 in which you requested advice from the State Ethics Commission. Issue: Does the Ethics Act restrict the ability of a Training Coordinator for the Juvenile Court Judges Commission to act as a private consultant for other states, for private service vendors in those states, and for youth service agencies within the Commonwealth? Facts: You are the Training Coordinator for the Juvenile Court Judges Commission. In this capacity, you are responsible for developing training programs for County Juvenile Probation Officers. You wish to engage in private enterprise doing consultations for other states and for private service vendors in those states. The material upon which you would draw on in this enterprise would be your general knowledge and experience, as well as a variety of publicly available resources. You are also interested in providing consultation to youth service agencies (non- delinquent) in Pennsylvania. These services would be provided on your own time and would not involve the use of any material which you have developed for the Juvenile Court Judges' Commission. Discussion: As a Training Coordinator, you develop training programs used by the Juvenile Court Judges' Commission (the "Commission ") in educating juvenile probation officers throughout the Commonwealth. In this respect, you take or recommend official action of a non - ministerial nature. Thus, you are a public employee subject to the Ethics Act. Mr. Joseph K. Mullen May 28, 1982 Page 2 Section 1 of the Act states the purpose of the Ethics Act as being to assure the people of the Commonwealth of the impartiality and honesty of persons working for them in public office. To achieve this, the financial interests of holders of or candidates for public office must present neither a conflict nor the appearance of a conflict with the public trust. Section 3(a) cf the Act, also wicable here, fir; oxides in part that no public employee shall use his public office or any confidential information . °ereived therefrom to obtain financial gain other than compensation provided by law for himself, a member of his immediate family, or a business with which he i� associated. !•flth respect to your engaging in the prvate i nterpri se as a consultant out -of- state, or within the state taut for non -court related agencies, the Ethics Act will rot restrict you provided none of these consultation contracts a;re acquired by your use of your public office or confidential information acquired as a Training Coordinator. The statute does not prevent public employee from engaging in other businsses if the requirements of the E htics Act are observed. The provisions of Section 3(c) of the Ethics Act restrict only :' ur ability to contract with the agency with which you are associated - the Commission -- and do not preclude the type of outside employment contemplated here. The same cautions apply to your planned consultant contracts with court related youth service agencies. You may not use your position as a Training Coordinator to acquire such a contract. You may not use confidential infor- mation received through public employment to obtain consultation jobs nor to assist you in performing such work. Conclusion: Given these restrictions, the Ethics Act does not prevent you from engpita in ;your planned consultant business. If you observe the limita- tions de cribed above, your activities will present no conflict of interest or appearance thereof in violation of the Ethics Act. Pursuant to Section 7(9)(ii), this Advice is a complete defense in any enforcement proceedird, initiated by the Commission, and evidence of good faith conduct in any other r criminal proceeding, providing the requestor has disclosed truthfully ell the material facts and committed the acts complained of in reliance on the Advice given. Mr. Joseph K. Mullen May 28, 1982 Page 3 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. BF /rdp cc: Jay C. Waldman Ronald E. Sharp Sincerely, dra S. Chri 7 anson General Counse