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HomeMy WebLinkAbout83-585 GoodeMr. Paul Goode Bucks County Schools Intermediate Unit No. 22 Cross Keys Building Routes 611 & 313 Doylestown, PA 18901 Mailing Address. STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 August 17, 1983 ADVICE OF COUNSEL RE: Public Employment, Political Action Committee, Concurrent Service Dear Mr. Goode: 83 -585 This responds to your letter of July 21, 1983, in which you request advice from the State Ethics Commission. Issue: You ask whether you, as an assistant Executive Director for Special Education Services (Director of Special Education) for Bucks County Intermediate Unit may also serve as a member of the Board of Directors of a political action committee without breeching the State Ethics Act. Facts: You are a Director of Special Education for Bucks County Intermediate Unit (IU). You have been elected to membership _in the Board of Directors of PennPsyPac, a political action committee associated with the Pennsylvania Psychological Association. ,fin your capacity as a member of the Board of Directors, you will help make decisions regarding distribution of campaign contributions to individual legislators and candidates in Pennsylvania. As a member of the Board, your time is volunteered, you receive no compensation for your services. You are concerned that membership on PennPsyPac will conflict with your public employment, and you have, therefore, requested advice from the State Ethics Commission. Discussion: The Pennsylvania State Ethics Act, 65 P.S. 401 et seq., was enacted to insure the public that "the financial interests of holders or candidates for public office present neither a conflict nor the appearance of a conflict with the public trust." As Director of Special Education for the Bucks County Intermediate Unit, you are a "public employee" within the purview of the Ethics Act. You should note, however, that the Act itself does not State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Mr. Paul Goode August 17, 1983 Page 2 contain any per se prohibition against your simultaneous public employment and participation in a political activity or candidacy for public office. This conclusion does not address any inherent compatibility in such activity under any code or statute other than the Ethics Act, and our response is limited to the question presented under the provisions of the State Ethics Act. Under the facts as you have presented them, as a public employee engaging in political activities, you should be aware of the restrictions placed upon you by Sections 3(a) and 3(b) of the Act. See 65 P.S. 403(a) and (b). Section 403(a) of the Act, states that no public official or public employee may use his public office or confidential information obtained from holding such office to obtain financial gain other than the compensation provided by law. As such, under this provision of the Ethics Act, public employees are prohibited from using their current position to benefit any campaign or political activity they may undertake. Thus, within this requirement, as Director of Special Education for the Bucks County IU, you would be prohibited from using any personnel, facilities, etc. of the County or the School District to enhance, conduct, or support any of the political purposes or activities supported by PennPsyPac. You should also be aware of the restrictions placed upon you by Section 3(b) of the Act, which states as follows: (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). In light of these restrictions, as Director of Special Education for the Bucks County IU, you could not use your position to attempt to influence PennPsyPac to distribute campaign contributions to various individuals, for example, in return for favorable official action by those individuals towards the Bucks County IU. Likewise, as a member of PennPsyPac and otherwise, you remain subject to the provisions of the Ethics Act, such as Section 3(b), which are generally applicable to "persons." Section 2 of the Act defines "person" as a "business, individual, corporation, union, association, firm, partnership, Mr. Paul Goode August 17, 1983 Page 3 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 as delineated above. Thus, PennPsyPac members, while not public officials or employees within the general purview of the State Ethics Act, must observe Section 3(b) as outlined above. It is also advisable, you as a member of PennPsyPac, to abstain from discussions and votes or recommendations which might require lobbying before or the direct benefit or favor of Bucks County IU. As a member of PennPsyPac, you should also abstain from participating in decisions or distributing campaign contributions to persons who would be expected to act favorably to you or towards the Bucks County IU. Please recall that one of the purposes of the Ethics Act is to assure the people of the impartiality and honesty of public officials. By abstaining from participation in such decisions, you will avoid creating even the appearance of a conflict of interest with the public trust. Conclusion: As a public employee, your conduct must conform to the guidelines of Sections 3(a) and 3(b) as discussed above. Also, as a member of PennPsyPac, you are a "person" subject to the restrictions of Section 3(b) and you must conform your conduct as a member of PennPsyPac to the guidelines discussed 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. CW /rdp Sincerely, Sandra S. Ch• stianson General Counsel