HomeMy WebLinkAbout86-602 SteigmanMr. Joel G. Steigman
Department of Environmental Resources
Harrisburg Regional Office
1 Ararat Boulevard
Harrisburg, Pennsylvania 17110
State Ethics Commission
308 Finance Building
P. 0. Box 11470
Harrisburg, Pa. 17108 -1470
September 17, 1986
ADVICE OF COUNSEL
86 -602
Re: Conflict of Interest, Rental of Land, Regulated by Governmental Body,
Employee of Governmental Body
Dear Mr. Steigman:
This responds to your letter of August 26, 1986, wherein you requested
the advice of the State Ethics Commission.
Issue: Whether any conflict of interest is presented when an employee of the
Department of Environmental Resources leases land that is regulated by the
department.
Facts: You have requested the advice of the State Ethics Commission in
reference to the following situation. You are involved in farming operations
and, in this respect, you have rented two farms from an individual landowner.
You advise that the person who owns the land, which you rent for this farming
operation, is interested in having his farm land permitted for agricultural
utilization of sewage sludge. Such permit is issued by the Department of
Environmental Resources. You are an employee of that department. You have
advised that an agricultural utilization permit regulates the kind and amount
of sludge which can he substituted for commercial fertilizer regarding
specific crops. Sludge applied to the'soil benefits the land by building up
the organic matter in the soil and applying plant nutrients that are in a form
that is more viable than that in commercial fertilizer. You have advised
further that the Department of Environmental Resources permit is not issued by
the section of the department in which you are employed. The permit holder,
in relation to this situation, would be the sewage treatment plant and not the
landowner or farm operator. The Department of Environmental Resources
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Mr. Joel G. Steigman
September 17, 1986
Page 2
facilities section is the division of the department that reviews, considers
and issues permits of the type herein question. The leases for the farms
which you operate are currently under renegotiation and you will be required
to execute said leases by mid - September.
As part of your request, we have reviewed your job description for your
position with the Department of Environmental Resources. You are currently
classified as a Solid Waste Operations Field Supervisor, assigned to the
Bureau of Waste Management, Operations Division. Generally, you are
responsible for the implementation of the inspection, investigative and
enforcement activities of the Solid Waste Management Program. In this
respect, you act as a consultant to representatives of industry, attorneys and
private consulting firms regarding the interpretation, application and
enforcement of the Solid Waste Management Act, the Regulations adopted
pursuant to the Solid Waste Management Act and the policy and procedure of the
Solid Waste Management Program. You also meet with facility operators to
interpret rules, regulations, policy and procedures concerning solid waste
management and the application of these to inspections, investigations,
surveys and enforcement activities. You are also responsible for supervising
the daily activities of employees assigned to you. You are responsible for
determining enforcement priorities for the Solid Waste Management Program and
for conducting compliance, conferences, negotiations concerning clean -up, and
other enforcement duties. You are also involved in the remedial activities of
the Bureau Emergency Responses to situations such as spills or floods and you
act as coordinator with personnel and other departmental programs conducting
investigations and enforcement activities. '
Discussion: At the outset, it should be noted that the Ethics Commission may
only address the question which you have posed within the purview of the State
Ethics Act. The Commission generally will not issue advice or guidance
regarding other codes of conduct such as the State Adverse Interest Act or the
Governor's Code of Conduct.
Generally, as a Solid Waste Operations Field Supervisor in the Department
of Environmental Resources, hereinafter the Department, you are a public
employee as that term is defined in the State Ethics Act. 65 P.S. §402. As
such, your conduct must conform to the requirements of that law. Generally,
the State Ethics Act places no per se prohibition on the activities which you
have set forth in your letter of request.
The Ethics Act does provides as follows:
Section 3. Restricted activities.
(a) No public official or public employee shall use his
public office or any confidential information received
Mr. Joel G. Steigman
September 17, 1986
Page 3
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).
Within the above provision of law, you may not use your position to obtain any
financial gain for yourself or for a member of your immediate family or
business with which you are associated. Similarly, you may not use any
confidential information obtained in your position in order to benefit
yourself or a business with which you are associated. As a result of the
above provision of law, the Ethics Act would require that you not use your
position, in any way, in the Department of Environmental Resources to assist
the individual landowner or the sewage treatment plant in obtaining the DER
permits for the land which you farm. You may not supply confidential
information to anyone in an effort to obtain these permits. If the functions
that you perform as a public employee for the Department in any way involves
reviewing, inspecting, investigating, or enforcing rules and regulations in
relation to the particular land which you farm or the sewage treatment plant
which will be the licensee in this situation, then you may not participate or
otherwise be involved in such activities. Should this situation arise, you
must also disclose your relationship to this landowner and permit application.
Your interest in the matter, as well as your abstention from participating in
anything related to this situation, should also be appropriately noted in
Department records.
While the Commission cannot envision every potential situation that will
arise in relation to your question, you are advised that this Commission has
the authority to address other areas of conflict. 65 P.S. §403(d). In this
respect, you are advised that should additional questions develop in relation
to your situation, the further advice of this Commission may be necessary.
Conclusion: the State Ethics Act presents no per se prohibition upon a
Department of Environmental Resources employee leasing land from an individual
when said land has received a DER permit to receive agricultural purpose
sludge. The DER employee may not participate in any matter related to the
Department's review, consideration and approval of this sludge application
permit or issuance. Similarly, in the event that any other question should
arise in relation to this situation, you are advised that the further advice
of this Commission may be necessary.
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.
Mr. Joel G. Steigman
September 17, 1986
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.
Si ncerely,
ohn J. •nti
Gene al Counsel