HomeMy WebLinkAbout83-582 ShieldsMs. Marcella H. Shields
Box 230 C
Tafton, PA 18464
Mailing Address.
STATE ETHICS COMMISSION
P.O. BOX 1179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
August 15, 1983
ADVICE OF COUNSEL
RE: DPW Psychologist I; Financial Interest Statement
Dear Ms. Shields:
83 -582
This responds to your request of April 14, 1983, in which you ask the
State Ethics Commission to make a determination regarding your status as a
former public employee for purposes of filing a Financial Interest Statement.
Issue: You ask whether you, as a former Psychologist I for the Department of
Public Welfare (DPW) at the Fairview State Hospital, must file a Financial
Interest Statement with the State Ethics Commission.
Facts: You are a former Department of Public Welfare Psychologist I. As
such, you worked at the Fairview State Hospital in Waymart, Pennsylvania. The
job description for the position of Psychologist I indicates that that
position is an advanced, clinical, professional administrative position. Some
of the duties of a Psychologist I include planning, organizing and directing
the delivery of psychological services on a minimum of two wards for an
average of 60 to 70 patients. Other duties include supervising and
instructing a masters level psychologist, conducting annual performance
evaluations of that pychologist, teaching and advocating the practical
application of ethical and professional principles and standards for providers
of psychological services developed by the American Pschological Association,
and performing related work assigned by the Director of the Psychology
Department.
Although the Office of Administration determined you should be considered
a "public employee ", you state that, as a Psychologist I, you did not fall
within the definition of a public employee,. You state you had no access to
any means of financial gain outside of your salary. You, therefore, appeal to
the State Ethics Commission to determine whether your, a former Psychologist I
for the Department of Public Welfare, must file a Financial Interest Statement
with the State Ethics Commission. We note that while the Office of
Administration or DPW listed Psychologists I as public employees on their
directives for 1982, this classification is no longer on their 1983 listing of
persons required to file Financial Interest Statements.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Ms. Marcella H. Shields
August 15, 1983
Page 2
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. 401 et seq. Thus, it has no authority to interpret
and /or enforce the provisions of other codes, for example, the Governor's Code
of Conduct, and this Advice should not be construed as clearance to act under
other Commonwealth laws, codes or regulations. The applicable provisions of
the Ethics Act are contained in 65 P.S. 402, which reads:
"Public employee." Any individual employed by the
Commonwealth or a political subdivision who is responsible
for taking or recommending official action of a
nonministerial nature with regard to:
(1) contracting or procurement;
(2) administering or monitoring grants or
subsidies;
(3) planning or zoning;
(4) inspecting, licensing, regulating or auditing
any person; or
(5) any other activity where the official action
has an economic impact of greater= than a de
minimus nature on the interests of any person.
"Public employee" shall not include individuals who are
employed by the State or any political subdivision thereof
in teaching as distinguished from administrative duties.
65 P.S. 402.
Although Commission policy is that doubts as to coverage of a particular
person or entity by the Act should be resolved in favor of disclosure, the
your duties as a Psychologist I did not fall within the definition of a public
employee as set forth above. As your job description indicates, you are not
responsible for duties of a non - ministerial nature, and you apparently have no
authority with respect to taking or recommending official action with respect
to any of the categories (1) to (5) set forth in the definition of "public
employee."
So long as you did not exercise non - ministerial authority with regard to
the activities described in the definition of "public employee" set forth
above, the Ethics Commission finds that you are not subject to the filing
requirements of the Ethics Act.
Ms. Marcella H. Shields
August 15, 1983
Page 3
Conclusion: Your job description indicates that you were not a "public
employee" subject to the filing requirements of the Ethics Act because your
duties were of a ministerial nature. As such, you had no authority to take or
recommend action within the categories set forth in the definition of "public
employee" in the Ethics Act and you need not file a Financial Interest
Statement as required by Section 4 of the Ethics Act.
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
cc: Donald Vinglas
Rose Semic
Don Grab
Sheryl Cohen
Walter Cohen
Sincerely,
Sandra S. Chr's'tianson
General Couny�l