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HomeMy WebLinkAbout83-622 Madey- Mr. Richard P. Madey 2131 King Authurs Court Harrisburg, PA 17110 Dear Mr. Madey: so Mago Address STA TE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 December 2, 1983 ADVICE OF COUNSEL RE: DPW Administrative Assistant I; Part -time Employment 83 -622 This responds to your letter, received by the Ethics Commission on October 14, 1983, in which you requested advice from the State Ethics Commission. Issue: You ask whether, under the Ethics Act, you, as an employee of the Department of Public Welfare, Office of Medical Assistance, Bureau of Provider Relations, Inquiry Division, may engage in part -time employment selling computer hardware and software. Facts: You are currently employed as an Administrative Assistant I with the Department of Public Welfare, Office of Medical Assistance, Bureau of Provider Relations, Inquiry Division. You respond to phone inquiries from Medical Assistance providers who are having problems with billing Medical Assistance. As an Administrative Assistant in the Office of Medical Assistance, you state you are not currently filing a Financial Interest Statement with the State Ethics Commission because your job classification does not require you to do You are pursuing part -time employment selling computer hardware and software to a variety of medically related businesses Which could or could not be enrolled in the Medical Assistance Program. The computer systems would assist these businesses in the billing of third -party patients and cash patients. Third parties would include Medical Assistance, Medicare, paid prescriptions, private insurance, etc. The system also provides a filing system for all the patrons of these businesses. You are concerned that this part -time position constitutes a conflict of interest with your public employment, and you have, therefore, requested advice from the State Ethics Commission. State Ethics Commission n 308 Finance Building 0 Harrisburg, Pennsylvania Mr. Richard P. Madey December 2, 1983 Page 2 Discussion: Initially, the Ethics Commission notes that, as a statutory entity, its jurisdiction and its power is strictly limited to the authority granted it in 65 P.S. 401 et seq. Thus, it hg's Po authority to interpret and /or enforce the provisions of other codes, for example, the Governor's Code of Conduct, and this Advice should not be construed as "clearance" to act under Commonwealth lays, codes, or regulations other ti °,at the Ethics Act. In order to review this question we must initially determined if you are a "public employee" who would be required to conform his conduct to the requirements of the Ethics Act. The applicable provisions of the Ethics Act to beein review of this question are contained in Section 2 of the Ethics Act, which reads: "Public employee." Any individual employed by the Commonwealth or a political subdivision who is responsible for taking or recommending official action of a nonrni ni steri a1 nature with regard to: (1) contracting or procurement; (2) administering or monitoring grants or subsidies; (3) planning or zoning; (4) inspecting, licensing, regulating or auditing any person; or (5) any other activity where the official action has an economic impact of greater than a de minimus nature on the interests of ann' person. "Public employee" shall not include individuals who are employed by the State or any political subdivision thereof in teaching as distinguished from administrative duties. 65 P.S. 402. Although Commission policy is that doubts as to coverage of a particular person or group of persons by the Act should. be resolved in favor of inclusion of a person within the definition of "public employee", your duties € s an Administrative Assistant I do not fall within the definition of a public employee as set forth above. As your job description indicates, you are responsible for duties only of a ministerial nature and you apparently have no authority with respect to taking or recommending official action with respect to any of the categories (1) through (5) set forth it the definition of "public employee." Mr. Richard P. Madey December 2, 1983 Page 3 In light of the fact that you do not file a Financial Interest Statement and the fact that based upon the description of your duties you do not fall within the categories described in the definition of "public employee ", the Commission finds that you are not to be considered a "public employee" subject to the restrictions of the Ethics Act. You may, therefore, engage in the part -time work in question without creating any conflict of interest or the appearance thereof between your public employment and your part -time employment. Conclusion: You are not a "public employee" as defined in the Ethics Act and, therefore, you are not subject to the restrictions of the Ethics Act. You may, therefore, pursue part -time employment selling computer hardware and software without creating a conflict of interest or an appearance thereof between your public employment and your private employment. 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 cc: Eileen M. Schoen Sincerely, Sandra S. Ch'istianson General Counsel