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HomeMy WebLinkAbout83-527 BukovskyMr. Robert J. Bukovsky Executive Director Berks County Employment & Training Office 124 S. Fifth Street Reading, PA 19602 Meiling Address STATE ETHICS COMMISSION P.O. BOX 1179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 April 6, 1983 ADVICE OF COUNSEL RE: "Persons ", Section 3(b), Public Officials; Private Industry Council Dear Mr. Bukovsky: State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania 83 -527 This responds to your letter of February 15, 1983, in which you as the Executive Director of the Berks County Employment and Training Office requested advice from the State Ethics Commission. Issue: You ask whether private industry council members, who receive no compensation, are subject to the requirements of the State Ethics Act. Facts: You are now in the process of setting up a Private Industry Council (PIC) under the Job Training Partnership Act (P. L. 97 -300). The PIC will be the vehicle through which private sector interests are represented in a "partnerhsip" with local governments in order to deliever employment and training services within the county. These services will be funded by federal appropriations funneled to local areas through the various states. PIC will have equal authority with local government in formulating a local job training plan, and effect a grant agreement between the locality and the state. The plan will lay out in fairly broad terms what kinds of approaches and programs will be pursued at the local level. In addition, the PIC has a legislative mandate to provide "policy guidance" and "oversight." In some other areas of the County, questions have been raised as to whether PIC members whose businesses or other organizations might contract to provide on the job training or other services to the local delivery system might find themselves in violation of some statutes or ethics codes. Mr. Robert J. Bukovsky April 6, 1983 Page 2 You have researched related law and you indicate you could find no Pennsylvania statute which presents a barrier to this activity. You note that PIC members receive no compensation and any authority that they have to expend public funds is only as a result of previouvsly having had these funds contractually committed to them. You are, therefore, under the impression that the State Ethics Law is inapplicable to PIC members and have requested a ruling from the State Ethics Commission on the matter. Discussion: Initially, the Ethics Commission notes that, as a statutory entity, its jurisdiction and its power is strictly limited to the authority granted it in 65 P.S. Section 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. Section 776.1 et. seq., and this advice should not be construed as "clearance" under other Commonwealth laws. You are correct in your assessment that PIC members, because they are not compensated, are not "public officials" as that term is currently interpreted by the State Ethics Commission. See Coploff, 82 -521. Thus, because PIC members are not "public officials ", the contracts they or their business make with the County or local delivery systems are not subject to the open and public requirements of Section 3(c) of the Ethics Act. We do note, however, that PIC members remain subject to those provisions of the Ethis Act such as Section 3(b), 65 P.S. 403(b), which are generally applicable to "persons." Section 2 of the Act defines "person" as "a business, individual, corporation, union, association, firm, partnership, committee, club or other organization or group of persons." 65 P.S. 402. This definition of "person" is directly applicable to Section 403(b) of the Act which states: (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. 65 P.S. 403(b). Mr. Robert J. Bukovsky April 6, 1983 Page 3 Thus, PIC members while not public officials within the general purview of the State Ethics Act, must observe Section 3(b) as outlined above. It is also advisable for PIC members to abstain from discussion and votes or recommendations which would directly benefit or favor their businesses. Conclusion: Members of the Private Industry Council are not considered to be "public employees" or "public officials" subject to the financial reporting and disclosure provisions of the Ethics Act. It should be noted, however, that PIC members remain subject to those provisions of the Ethics Act such as Section 3(b), 65 P.S. 403(b) which are generally applicable to "persons." The conduct of PIC members whould conform to the standards set forth 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 Comrission within 15 days of service of this Advice pursuant to 51 Pa. Code 2.12. CW /rdp Sincerely, Sandra S. C istianson General Counsel