HomeMy WebLinkAbout82-559 McClureGregory B. McClure
5872 Laurel Street
Harrisburg, PA 17112
Dear Mr. McClure:
Mailing Address:
STATE ETHICS COMMISSION
P.O. BOX 1179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
June 29, 1982
ADVICE OF COUNSEL
82 - 559
RE: Filing Statement of Financial Interest, Microbiologist III, Applicability
of Ethics Act
This responds to your letter of March 30, 1982, in which you, as a
Mircrobiologist III employed with the Department of Environmental Resources,
Bureau of Laboratories, requested an opinion from the Ethics Commission.
Issue: You asked whether the Ethics Act required you, as a Microbiologist
III, to file a Statement of Financial Interest as a public employee.
Facts: In accordance with your official job description, which is incorpo-
rated by reference into this Advice, your duties include:
1. Logging and analyzing approximately 60,000 sample a year as well as
interpreting and reporting the results of such analyses and sending
such reports to the field personnel.
2. Serving as an expert witness in civil and criminal cases.
3. Serving as the primary consultant for microbiology in the Department
and providing technical advice at all times.
4. Directing the microbiology program for the Bureau of Laboratories,
and supervising these programs in both Harrisburg & Erie.
5. Maintaining a quality control programand investigating problems that
occur in the laboratory or in the field.
6. Developing standards and procedures for the microbiology program and
the training of laboratory, departmental and field personnel;
supervising a professional staff; and reviewing the performance of
these staff members.
The applicable provisions of the Ethics Act are contained in 65 P.S. 402,
which reads:
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Gregory B. McClure
June 29, 1982 -
Page 2
"Public employee." Any individual employed by the
Commonwealth or a pclitical subdivision who is
responsible taking
naturerwithn�eegarc9l official action
of a nonmin isterial
(1) contracting or procurement;
(2) adminI stering or monitoring grants or
subsidies;
(3) planning or zoning;
(4) inspecting, licensing, regulating or auditing
any person; or
(5) any other activit where the of icia'i action
has an economic impact of greater than a
minimus nature on the interests of any person.
"Public employee" shall not includec individuals siowho are
employed by the State or any p
thereof in teaching as distinguished from
administrative duties. 65 P.S. 402.
The Commission has already ruled, in Poor'
81-003 that Microbiologist
Its are "public employees" within tofnFinanehalolntegestf under E Section c4 .
and hence are bound to file Statements peform
This is due, not to any actual to those
official actions directly,
engaged in making analysis and recomm $1nce i the determi$atei`ons are
of compliance
the performance of official duties.
with Federal, state, and municipal aspects public
the
ment, drinking water, and certain
measures upon analytical research and recomme s oftthe kind pinvwhicafyou
are engaged, we believed that Microbiologist
the Legislature's meaning of "public employee" and are, therefore, covered by
the Ethics Act.
It has also been the policy of the Commission t h a t od doubts as tov the
in
coverage of a particular person or entity by
favor of disclosure as set forth Section " publichemployep "Ashould1bewheld to
regulations of the Commission specify that
also include those whose recommeaothersthan his1orehertownrt See
his or her position and affect organizations
in
51 Pa. Code 1.1, definition °tuthat category ,11theiAct'shcoveragetextends to
which you are engaged fall w hin
you in your present position.
Gregory B. McClure
June 29, 1982
Page 3
Conclusion: As a Microbiologist III, and under the present definition
of your duties and responsibilities, you are a "public employee" within the
meaning of the Ethics Act, and as such you must file a Statement of Financial
Interests as required by Section 4 of the Ethics Act. Statements covering a
given calendar year are due no later than May 1 of each year you serve in
office /employment and for the year after you leave such a post. Forms are
enclosed for your use and this should be filed within fifteen days of this
Advice. Please foward one copy of this form to our office so that we may
monitor compliance with this Advice.
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.
TADiM /rdp
cc: Sheryl Cohen
Jay Dunn
Dennis Farley
Enclosures
Si cerely,
Sandra S. Christianson
General C6unsel