Loading...
HomeMy WebLinkAbout83-506 CohenMarcia R. Cohen 136 Farwood Road Philadelphia, PA 19151 Mailing Address: STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 January 24 1983 ADVICE OF COUNSEL 83 - 506' RE: Department of Public Welfare Program Specialist; Booth Maternity Center Dear Mr. Cohen: This responds to your letter, received by the Ethics Commission-on December 14, 1982, in which you requested advice from the Commission. Issue: You ask whether you, as a Medical Assistance Program Specialist III with the Pennsylvania Department of Public Welfare (DPW), may serve as a member of the Board of Booth Maternity Center in Philadelphia. Facts: You have been asked to allow your name to be considered for election to the Board of the Booth Maternity Center in Philadelphia. You work as a Medical Assistance Program Specialist III for DPW. Your job description indicates that you are responsible for planning, implementing, monitoring and evaluating services provided to individuals eligible for medical assistance primarily in the Southeast region by Health Maintenance Organizations (HMO's). You make policy decisions, compile reports, review grant requests and project proposals, and participate in contract negotiations. You are also responsible for helping to develop medical assistance policy, and act as a liason between DPW and County Boards of Assistance and the public. You represent DPW at hearings and at agencies, and you supervise two Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) specialists within the Department. Your work is general in nature and requires initiative, judgment, and independent decision- making. Your work is performed in Philadelphia and reviewed in Harrisburg through conferences and reports. Discussion: Initially, the Ethics Commisison notes that, as a statutory entity, its jurisdiction and its power is strictly limited to the authority granted it in 65 401 et seq. Thus, it has no authority to interpret and /or enforce the provisions of other codes, for example, the State Adverse Interest Act, 71 P.S. 776.1 et seq., and this advice should not be construed as clearance to act under other Commonwealth laws. State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Marcia R. Cohen January 21, 1983 Page 2 In light of your job description, we conclude that you are a public employee under 65 P.S. 401 et seq., and, therefore, you are subject to the restrictions imposed by the Act. This, however, does not preclude you from serving on the Board of the Booth Maternity Center. It merely restricts some of your possible activities as a DPW employee in relation to the Booth Maternity Center. Thus, while there is no per se prohibited conflict of interest in your employment at DPW and service to Booth Center, you should be aware of certain restrictions. No public employee or public official may use his or her public office or confidential information gained through the holding of public office for his or her personal benefit or the benefit of his or her non - public employer. Likewise, no public employee may accept any thing of value on the understanding that his official actions may be influenced thereby. Sections 403(a) and (b), 65 P.S. 403(a) and (b). In light of these restrictions and the fact that you apparently have no past association with Booth, you should be aware that if the situation does arise when you as a DPW employee must review matters or make recommendations that would directly pertain' to or benefit Booth, you must abstain from such action and refer the matters to another employee. To act on such matters would constitute a conflict or the appearance of a conflict of interest under the Act. Conclusion: As a public employee, you are subject to the restrictions of the Ethics Act. The Ethics Act does not prohibit your proposed service with the Booth Center. In your service to Booth Maternity Center, however, you may not: 1. use your public employment or any confidential information gained through your holding public post to benefit yourself or Booth; or 2. accept any thing of value on the understanding that your official action would be influenced thereby; or 3. act in your capacity as a DPW employee on any matter which may come before you in the course of your DPW duties concerning or benefitting Booth Maternity Center. 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. Marcia R. Cohen January 2 1983 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 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 cc: Helen B. O'Bannon, Secretary Sincerely, Sandra S. Chr'stianson General Counsel