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HomeMy WebLinkAbout82-576 MillerMailing Address: STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 October 5, 1982 ADVICE OF COUNSEL Mr. Stanley Miller 82 - 576 Bureau of Professional & Occupational Affairs 618 Transportation & Safety Bldg. Harrisburg, PA 17120 RE: Member of State Board of Medical Education and Licensure - Simultaneous Service - President - County Medical Society Dear Commissioners Miller: This responds to your letter of March 29, 1982, in which you, as Commis- sioner for the Bureau of Professional and Occupational Affairs, requested and advice of the State Ethics Commission. Issue: May a member of the State Board of Medical Eduction and Licensure also serve as President of a County Medical Society without presenting a conflict of interest violative of the State Ethics Act? Facts: Dr. Nelson Page Aspen is a member of the State Board of Medical Educa- tion and Licensure. Dr. Aspen also serves as the President of the Chester County Medical Society. Thus, you question whether Dr. Aspen faces a conflict of interest by virtue of his holding the two positions. Discussion: As a member of the State Board of Medical Education and Licen- sure, Dr. Aspen is a public official subject to the Ethics Act. 65 P.S. §401 et seq. See also Administrative Code §412, 71 P.S. 122. Section 1 of the State Ethics Act requires that public officials present neither a conflict nor the appearance of a conflict with the public trust. The Ethics Commission has determined that a conflict exists when an individual represents two or more persons whose interests are adverse to one another. Alfano, 80 -007. Dr. Aspen represents the interests of the State Board of Medical Educa- tion and Licensure, the powers and duties of which are codified at 63 P.S. §421.1 et seq. Dr. Aspen also represents the interests of the Chester County Medical Society. Unlike the situation in Alfano, Dr. Aspen's interests exist at two distinct levels of government in the Commonwealth, the State level and the County level. It does not appear that, as a member of the State Board, Dr. Aspen would be involved in a situation where he would be confronted with State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Mr. Stanley Miller October 5, 1982 Page 2 conflicting interests with those of the Chester County Medical Society. More- over, it does not appear that the interests of the Society are adverse to those of the State Board. Should Dr. Aspen stand in a relationship with the County Society similar to the situation addressed by the State Ethics Commis- sion in Vavro, 79 -074 (copy attached), however, a different response would arise. We do not assume this relationship to exist or that the County Society is equivalent in role to the Barbers Association in Vavro. Should a situation occur where the State Board would find it necessary to address the interests of the Society, the Commission advises that Dr. Aspen can best avoid even the appearance of a conflict of interest by abstaining from discussion and voting on that specific matter. See Miller, 80 -006. Conclusion: Dr. Aspen may serve simultaneously as a member of the Board of Medical Education and Licensure and as President of the Chester County Medical Society. Representation of those dual but not adverse interests represents no inherent conflict of interest. Should an issue ever come before the State Board involving the County Society specifically, Dr. Aspen should abstain from participation as a Board member to the extent of that issue. Otherwise, he is free to participate fully in both capacities. 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 will be scheduled and a formal Opinion from the Commission will be issued. Any such appeal must be made, in writing, to the Commission within 15 days of service of this Advice pursuant to 51 Pa. Code 2.12. SSC /rdp Enclosure Sincerely, andra S. Chri General Coun'el ,Ac)- 4 -040 ianson