HomeMy WebLinkAbout83-617 RiggsLarry Riggs
RD #2, Box 192
Turbotville, PA 17772
Dear Mr. Riggs:
Marling Address
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
November 23, 1983
ADVICE OF COUNSEL
RE: Financial Interest Statement, Civil Engineer 1I
B3-617
This responds to your letter received by the Ethics Commission on July
26, 1983, in which you requested that the Ethics Commission review the Office
of Administration determination regarding your status as a "public employee"
for purposes of filing a Financial Interest Statement under the State Ethics
Act.
Issue: You ask whether, as a Civil Engineer II with the Pennsylvania
Department of Transportation (PennDot) you file a Financial Interest Statement
with the State Ethics Commission.
Facts: You are a Civil Engineer II with PennDot. Your job description
indicates that you perform a variety of engineering and technical duties
relating to in -depth inspection of less complex structures within a
metropolitan district. Your duties include inspecting bridges for elements
such as accident damages, water scouring of footers, wear and corrosion of
pins and other bridge parts. You also prepare reports from inspections and
make recommendations for repair, replacement, or rehabilitation. With respect
to these recommendations, you also provide a recommendation regarding the
priority of repair work to be completed. You prepare a stress analysis for
bridges, compute capacities for bridges and perform other related duties as
required.
It should also be noted that although this most current appeal from an
Office of Administration determination has been presented to us as of July 26,
1983, we have previously addressed a letter to you dated October 31, 1980.
See Riggs, 80 -14A (80 -549). In regard to this Advice of Counsel referenced
above, you were advised that you were a "public employee" and required to file
a Financial Interest Statement under the State Ethics Act. We based this
determination on a job description which was substantially the same as the job
description which you have presented for our review at this point. It should
also be noted that in the Advice dated October 31, 1980, you were told that if
you disagreed with the Advice or if you had any reason to challenge the
Advice, you could request that the full Commission review the Advice.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylyaiir•
Larry Riggs
November 23, 1983
Page 2
Additionally, you were told that a request for such a review and an expression
of disapproval of the Advice should have been presented within 30 days of the
Advice that was issued. The Ethics Commission has no record of any expression
of disapproval or "appeal" from the Advice issued to you on October 31, 1980.
Discussion: The Advice which was issued on October 31, 1980 and from which no
appeal was taken or expression of disapproval was received by,this office is
final and cannot be disturbed at this time absent some change in the factual
context under which that Advice was issued.. The job description that was
presented as a basis for the rendering the October 31, 1980 Advice and the job
description which you have submitted to us for our review with respect to your
most recent "appeal" are substantially the same. Thus, there is no factual
basis upon which we would alter our determination as previously issued on
October 31, 1980.
We are not in a position, given the lack of difference in factual
presentation at this time to reopen the Advice that was previously issued to
you on October 31, 1980. Accordingly, you should comply with that Advice and
we will not entertain any further appeal from that Advice at this point in
time having determined that the factual context which you have presented to us
for review is substantially the same as that which has been previously ruled
upon by this Commission.
Conclusion: Having been presented with no evidence of a substantial change in
the factual context under which the original determination and Advice issued
to you on October 31, 1980 was based, we will not, at this point in time,
entertain any further review of this question whether presented in the context
of an appeal from that Advice or in the context of an appeal from any new
determination to you from the Office of Administration or otherwise. The
Advice previously issued to you, referenced above, should be complied with and
as you are considered a "public employee" subject to the provisions of the
Ethics Act you should have filed and should be filing a Financial Interest
Statement for each year in which you serve as a "public employee" and for the
year following the termination of your service with the Commonwealth. Such a
Statement should be filed by May 1 of each year in which you serve with
PennDot. If you have not already done so, a Financial Interest Statement
should be filed within 15 days of the receipt of this Advice representing the
filing that was required by May 1, 1983. Forms are enclosed for your use.
You should file the original with your personnel office, the yellow copy with
our office in order to insure compliance with this Advice and retain the green
copy for your records.
Larry Riggs
November 23, 1983
Page 3
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.
SSC /rdp
Enclosure
cc: Bruce Doman
Sharon Wright
Cheryl Cohen
Ken Bausinger
Sincerely,
Sandra S. Christianson
General Counsel