HomeMy WebLinkAbout83-619 DonaldsonDonald Devae Donaldson
Route 1
Saxton, PA 16678
Dear Mr. Donaldson:
Mailin Address
STATE ETHICS COMMISSION
P.O. BOX 1179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
November 23, 1983
ADVICE OF COUNSEL
RE: Tussey Mountain School District, Furloughed Teacher
83 - 619
This responds to your letter of November 19, 1983, in which you requested
Advice from the State Ethics Commission.
Issue: You ask whether the Ethics Act precludes you from serving as a school
director under certain circumstances.
Facts: You are a teacher on furlough from the Tussey Mountain School District
in Saxton, Pennsylvania, hereinafter the District. During the recent
municipal election you were successful in being elected to the office of
School Director of Region I of the District. You wish a ruling from our
Commission as to the legality of your serving in the position of School
Director.
Discussion: As a duly elected School Director within the District, you are a
"public official" as that term is defined in the Ethics Act. See Section 2 of
the Ethics Act, 65 P.S. 402. As a "public official" your conduct must conform
to the requirements of the State Ethics Act. However, it should be noted that
the State Ethics Act contains no provision which would declare that it is
inherently incompatible to serve as a teacher on furlough and a director
within the District. You should be reminded that any ruling from the State
Ethics Commission addresses only your duties and obligations under the State
Ethics Act. We have no jursidiction to nor can we discuss the legality of
this situation or the propriety of same under any code, rule, or regulation
other than the State Ethics Act. Therefore, you should not assume that our
determination as expressed herein is "clearance" to act under any statute or
law, including the School Code, other than the Ethics Act.
It should be noted that you have not presented any questions with respect
to how you must conduct your activities as a Director within the District and
as a teacher on furlough from the staff of the District. Thus, this Advice
will address only the question of any inherent incompatibility of this
situation. If you should, as a Director, however, be in a position to further
your own interests as a teacher on furlough or otherwise, you should be
advised that Section 3(a) of the Ethics Act may impact upon your activity as a
Director. Specifically, Section 3(a) of the Ethics Act requires that:
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Donald Devae Donaldson
November 23, 1983
Page 2
(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).
If there are any situations which you would wish us to address in the
future or in general, please submit these questions to us with as much
specificity as possible. However, in the interim you can operate on the
assumption that the Ethics Act does not declare it illegal or inherently
incompatible for you to serve as a duly elected School Director in the
District while remaining on furloughed teacher status with the District.
Conclusion: The Ethics Act does not prohibit a furloughed teacher from
serving as a duly elected school director. Should you have other questions
with respect to your duties and obligations under the Ethics Act, please feel
free to contact us again.
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
Sincerely,
andra S.
General Cou el