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HomeMy WebLinkAbout82-583 Luciano HernandezM. Luciano - Hernandez 5269 Winding Way Penswood Townhouses Harrisburg, PA 17109 Mailing Address: STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 November 8, 1982 ADVICE OF COUNSEL 82 -583 RE: Teaching Seminars, Management Intern Dear Mrs. Luciano - Hernandez: This responds to your letter of October 1, 1982, in which you requested advice from the State Ethics Commission. Issue: You request information as to whether or not there are any limitations or parameters to be established under the Ethics Act for your proposed accep- tance of a part -time teaching position. Facts: You currently serve as a Management Intern with the Governor's Office of Budget and Administration. You began this service on July 1, 1982 and intend to terminate this service on June 30, 1983. Your duties as a Manage- ment Intern are performed at different agencies of the Commonwealth and you spend different periods of time, ranging from five to six week periods, with each agency. You are usually assigned a project at each agency which is completed during your stay at that agency. Shippensburg State College has invited you to teach an Administrative Seminar on Minorities in Schools, which will be offered during the spring term 1983, on Monday nights, 6:30 - 9:30 p.m. The college would contract for your services as part -time instructor at a salary of under $3,000 for the term. The seminar stems from a course proposal which you designed in 1980 while you were a graduate student at Shippensburg State College in the Department of Educational Administration. Discussion: There is some question as to whether or not you would even be considered a "public employee" as that term is defined in the Ethics Act. There is no evidence from your presentation that you are authorized to or engaged in recommending or taking official action of a non - ministerial nature with respect to the five categories outlined in the definition of "public employee" contained in the Ethics Act. See 65 P.S. 401. However, even if it were assumed that you were to be within the category of "public employee" as that term is defined in the Ethics Act, there is no prohibition contained in the Ethics Act that would automatically preclude you from accepting the part - time teaching position as proposed above. State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania M. Luciano - Hernandez November 8, 1982 Page 2 Specifically, the Commission has determined that the retention of two positions does not necessarily present a conflict under the Ethics Act. Only when the interests that you would serve as a part -time instructor and the interests that you are serving as a management intern would conflict, would there be any questions raised under the Ethics Act. See Alfano, 80 -007. As you have described your obligations as a management intern and your potential obligations as part -time instructor, we see no reason to believe that these jobs or interests would conflict with one another. Conclusion: Even assuming, for the purpose of discussion, that you fall within the category of "public employee ", the Ethics Act would not prohibit your acceptance of the part -time instructor contract as outlined above. 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 Sincerely, S ndra S. Chri General Counsel ianson