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HomeMy WebLinkAbout83-614 KolenoRobert A. Koleno, M.A. Administrative Officer Southwestern District Department of Health 514 State Office Building Pittsburgh, PA 15222 Dear Mr. Koleno: Ma.n Address STATE ETHICS COMMISSION P.O. BOX 1179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 November 22, 1983 ADVICE OF COUNSEL RE: County Club Membership, Acceptance 83 -614 This responds to your letter of November 7, 1983, in which you requested advice from the State Ethics Commission. Issue: You ask whether you may accept and use a membership in a country club under certain circumstances. Facts: You serve as the Administrative Officer for the Southwestern District of Pennsylvania Department of Health. In this capacity you were contacted by the Personnel Division within the Harrisburg Community Health Office of the Pennsylvania Department of Health to locate an appropriate site to hold an epidemiological training program. This program was to be conducted in the Butler Area for approximately 30 to 35 state and federal employees. As a result of this request, you investigated two facilities -- the Butler Holiday Inn and the Best Western Conley's Country Club Inn. The Best Western Conley's Country Club Inn, hereinafter Conley's or the Club , offered the best price per person and provided a training room at no extra charge. We assume you recommended selection of Conley's as the training program site. Following your investigation, this information was passed on to Mr. Marlin Woodward, the Community Health Field Administrator. Mr. Woodward made the final decision that Conley's was the hest site available and accordingly, the conference or training program was conducted at that site. You now indicate that "at this point in time" (here we assume that you mean November 7, 1983, the date of your letter), Conley's have offered you a Country Club membership "because the training program was held at their facility." This membership has a stated worth of $595. However, before using the membership that has been offered, you wish to have a ruling as to whether you are permitted to accept this membership or not. It should be noted that you did not solicit the Club membership. State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Robert A. Koleno, M.A. November 22, 1983 Page 2 Discussion: For purposes of this Advice, we are assuming that as an Administrative Officer for the Southwestern District of the Pennsylvania Health Department, you are considered a "public employee" as that term is defined in the Ethics Act. We note that you have provided no information upon which to conclude that you are not a "public employee." Therefore, as a "public employee" your conduct must be governed by the provisions of the Ethics Act. The provisions of the Ethics Act most applicable to this situation are Sections 3(a) and (b) and Section 1 of the Ethics Act. These Sections are reprinted below for easy reference. Section 3. Restricted Activities. (a) No public official or public employee shall use his public office or any confidential information received through his holding public office to obtain financial gain other than compensation provided by law for himself, a member of his immediate family, or a business with which he is associated. 65 P.S. 403(a). (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). Section 1. Purpose. The Legislature hereby declares that public office is a public trust and that any effort to realize personal financial gain through public office other than / compensation provided by law is a violation of that trust. In order to strengthen the faith and confidence of the people of the State in their government, the Legislature further declares that the people have a right to be assured that the financial interests of holders of or candidates for public office present neither a conflict nor the appearance of a conflict with the public trust. Because public confidence in government can best be sustained by assuring the people of the impartiality and honesty of public officials, this act shall be liberally construed to promote complete disclosure. 65 P.S. 401. Robert A. Koleno, M.A. November 22, 1983 Page 3 It is obvious that under Section 3(a) you may not use your public office to obtain financial gain. There is no indication that, in this circumstance, you have used your public office in order to secure the Club membership that has been offered. Accordingly, there is no reason to believe that there is any violation of Section 3(a) of the Ethics Act if you were to accept this membership. Likewise, under Section 3(b) of the Ethics Act, no person may accept any thing of value including a gift such as this membership on the understanding that the person's official judgment would be influenced thereby. However, there is no evidence or reason to believe that your official action in this particular circumstance has been so influenced. Therefore, there is no reason to believe that there has been a violation of Section 3(b) of the Ethics Act on the face of this matter and on the facts as you have submitted them to us for our review. Nevertheless, it is clear that under Section 1, the public is to be assured that the financial interests of persons serving in public employment present neither a conflict nor an appearance of a conflict with the public trust. It is clear that, even if there maybe no violation of Sections 3(a) or (b) of the Ethics Act, it would be inappropriate for you to accept or use the membership that has been offered under these circumstances. Specifically, it is clear that you have had a role in reviewing and selecting Conley's as the site for this training program in your official capacity as an employee of the Department of Health. As such, if you were to accept this membership, the public could express a legitimate suspicion that this selection was related to the subsequent offer of this membership. Additionally, it could also be intimated that in your capacity as a public employee, you may have an opportunity to engage in this site selection activity in the future and that your acceptance of a membership from Conley's would benefit Conley's indirectly in the future in such a process. In order to assure the public that your interests do not appear to conflict with the public trust, you should reject this membership. Conclusion: Although there is no evidence on the face of the circumstances and under the facts that you have presented that Sections 3(a) or (b) of the Ethics Act have been violated, in order to assure the public that your personal interests do not present a conflict or an appearance of a conflict with the public trust as required by Section 1 of the Ethics Act, you should reject the membership in question. 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. Robert A. Koleno, M.A. November 22, 1983 Page 4 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. SSC /rdp This letter is a public record and will be made available as such. Sincerely, Sandra S. Chr" tianson General Counsel