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HomeMy WebLinkAbout82-591 PotashMailing Address: STATE ETHICS COMMISSION P.O. BOX 1179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 December 7, 1982 ADVICE OF COUNSEL Mr. Charles Potash, Solicitor Springfield Township School District Wisler, Pearstine, Talone, Craig & Garrity 515 Swede Street Norristown, PA 19401 -4880 RE: Discounts, Athletic Equipment, School District Personnel Dear Mr. Potash: 82 -591 This is in response to your letter dated November 8, 1982, in which you, as Solicitor for the Springfield Township School District requested advice from the State Ethics Commission. Issue: You request advice as to whether or not a School District Admini- strator may take advantage of a sporting goods discount for personal use where no understanding exists that the vendor will profit by the extension of such a discount to the administrator. Facts: You state that it has been brought to your attention that many school district administrators, coaches and principals receive discounts on their personal purchases of athletic equipment and clothing from sporting goods stores. Your question concerns whether a school district administrator may take advantage of the discount for personal use where no understanding exists that in exchange for the discount, the administrator or teacher will favor that particular vendor for the School District within which he is employed. Discussion: The Ethics Act at 65 P.S. §403(a) and (b) provides that: (a) No public official or public employee shall use his public office or any confidential information received through his holding public office to obtain financial gain other than compensation provided by law for himself, a member of his immediate family, or a business with which he is associated. State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Mr. Charles Potash, Solicitor December 7, 1982 Page 2 (b) No person shall offer or give to a public official or public employee or candidate for public office or a member of his immediate family or a business with which he is associated, and no public official or public employee or candidate for public office shall solicit or accept, anything of value, including a gift, loan, political contribution, reward, or promise of future employment based on any understanding that the vote, official action, or judgment of the public official or public employee or candidate for public office would be influenced thereby. Although you point out that the discount is not based on any understan- ding of future "favors" and that it is merely given to the administrator, or coach, or teacher, the obvious question remains: But for the fact that the vendor is associated with the School District, would the vendor allow the discount? Where the answer to that question is in the negative, where the discount is given only because the vendee is associated with the school, then certainly the discount appears to be designed to at least indirectly influence the vendee in his official capacity or to otherwise influence decisions of the School District to favor the vendor with the district's sporting goods busi- ness. You are apparently cognizant of the fact that under §403(b) where an "understanding" does exist between vendor and vendee, such action constitutes a felony. In this instance, you are simply saying that no actual felony is being committed, but this does not negate the impression or appearance that the vendee is obtaining financial gain -- ie. the personal discount -- solely by virtue of his "office" or employment with the School District. Such action contravenes the spirit and goals of the State Ethics Act, ie., to assure the public of the impartiality and honesty of public officials. Conclusion: A school district administrator or other personnel, in order to avoid the appearance of a conflict with the public trust, may not take advan- tage of a discount for personal use whether or not an understanding exists that in exchange for such discount, the vendor will be favored by the School District within which the vendee is employed where the discount would not be extended but for the fact of the vendee's association with the School District. Mr. Charles Potash, Solicitor December 7, 1982 Page 3 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. CW /rdp Sincerely, Sandra S. Chr'.tianson General Counsel