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HomeMy WebLinkAbout83-589 AirasianMs. Barbara Airasian Department of Health Division of Hospitals 530 Health & Welfare Bldg. Harrisburg, PA 17120 Dear Ms. Airasian: Marling Address. STATE ETHICS COMMISSION P.O. BOX 1179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 September 7, 1983 ADVICE OF COUNSEL 83 -589 RE: Health Facility Quality Examiner II; Giuffre Medical Center This responds to your letter of August 5, 1983, in which you requested advice from the State Ethics Commission. Issue: You ask whether a conflict of interest exists where you serve as a Health Facility Quality Examiner II, concurrently with your employment by the James C. Giuffre Medical Center as a part -time Relief Day Nursing Supervisor. Facts: You are employed by the Department of Health as a Health Facility Quality Examiner II in the Division of Hospitals. You duties include supervising work in the surveilance and inspection of an assigned group of health facilities to determine whether their operation is in accordance with standards, rules, and regulations. In the alternative, you conduct programatic supervisory work of equal responsibility and complexity in the Central Office. Some of your work includes planning and providing direction in the evaluation of the physical plant, examining and evaluating health facility records, reviewing policies and procedures, evaluating patient care, and providing consulting services to health care providers and Department staff. You are also employed on a part -time basis by the James C. Giuffre Medical Center as a Relief Day Nursing Supervisor. In that position, you have overall supervisory responsibility for units under your jurisdiction during your shift, and some of your duties include implementation of standards for patient care, assistance of the head nurses in organization and supervision of their units, serving as a communication liaison, and maintaining effective interdepartmental relationships. You indicate that this secondary employment was obtained not as a result of your current state employment, but as a result of your being a credentialled registered nurse with supervisory experience. State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Ms. Barbara Airasian September 7, 1983 Page 2 You also state that the civil service position is benefitted by your secondary employment in that it assists you as a Section Chief in keeping abreast of current health trends, health care problems in the provider sector, and the most current pharmacology regimes and other therapy trends for various diagnostic groups. You also indicate that the view that your position as Section Chief is benefitted by your secondary employment is endorsed by both the Director of the Bureau of Quality Assurance and the Director of the Division of Hospitals. While the Giuffre Medical Center is not one of the facilities that you are required to inspect, you do supervise subordinates who inspect that hospital. However, all pint licenses for the hospital were signed by the Director of the Division of Hospitals rather than yourself. You indicate that the possibility of an alternative solution to relinquish your authority for the Giuffre Medical Center was discussed with the Director of the Division of Hospitals and the other Section Chiefs, and they were amenable to the idea. Finally, Although your position at the Giuffre Medical Center does not entail the use of any confidential information obtained through your position with the Department of Health, a question has arisen concerning the propriety of your dual employment, and you have, therefore, requested advice from the State Ethics Commission. Discussion: Initially, the Ethics Commission notes that, as a statutory entity, its jurisdiction and its power are 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 or 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 such codes or laws. 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 as a relief day Nursing Supervisor at the James C. Giuffre Medical Center. It merely restricts some of your possible activities as a Department of Health employee in relation to the Giuffre Medical Center. Thus, while there is no per se prohibited conflict of interest in your employment at the Department of Health and service to the Giuffre Medical Center, you should be aware of certain restrictions. No public employee or public official may use his public office or confidential information gained through his holding public office for his personal benefit or for the benefit of his 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 the Giuffre Medical Center, you should be aware that if the situation does arise where you, as a Department of Ms. Barbara Airasian September 7, 1983 Page 3 Health employee, must review matters or make recommendations that would directly pertain to or benefit the Giuffre Medical Center, 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 service with the Giuffre Medical Center. However, in your service to the Giuffre Medical Center, you may not: 1. use your public employment or any confidential information gained through your holding public employment to benefit yourself or the Giuffre Medical Center; 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 Department of Health employee on any matter which may come before you in the course of your Department of Health duties concerning or benefitting the Giuffre Medical 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. 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 This letter is a public record and will be made available as such. cc: Arnold H. Muller, Secretary Department of Health Sincerely, Sandra S. Chri ianson General Counse