The URL can be used to link to this page

Home My WebLink About87-597 JefferysMs. Marie Morrow Jefferys President, NESACC 821 Virginia Avenue Langhorne, PA 19047 Mailing Auoress State Ethics Commission 308 Finance B u i l d i n g P. O. Box 11470 Harrisburg, Pa. 17108 -1470 August 4, 1987 ADVICE OF COUNSEL 87 -597 Re: Conflict of Interest, Candidate for School Board, Director /President of Non - Profit Child Care Organization Dear Ms. Jefferys: This responds to your letter of June 22, 1987, wherein you requested the advice of the State Ethics Commission. Issue: Whether the State Ethics Act presents any prohibitions upon you, as a candidate for a school board director, in operating a non - profit child care organization of which you are Director and President when the organization utilizes space in the school district after school hours for the school child care program. Facts: You are currently the Director and President of Neshaminy Elementary School Age Child Care, hereinafter NESACC, a non - profit corperation which provides an after school child care program for the students in the Neshaminy School District. Although, you do not receive any compensation in the capacity as President of NESACC , you do receive a "minimal" salary in your position as Director. NESACC currently has a written agreement with Neshaminy School District, hereinafter District, whereby the District provides space after school hours on a non -fee basis. NESACC, however, does supply insurance, supplies and other numerous items to "protect" the school district. As Director of NESACC, you are responsible for researching, writing and distributing all the programs and activities at the NESACC centers. You perform various administrative services such as supply procurement, posting tuitions to individual accounts, generating accounts, maintenance of student, staff and site records, and handling telephone correspondence during office hours. In addition, you deal with parent /staff problems relative to State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Ms. Marie Morrow Jefferys August 4. 1987 Page 2 discipline matters, substitute at the center when necessary, and conduct training seminars and staff meetings. You also meet with members of the Department of Public Welfare and the local municipalities regarding various state and local requirements. In your capacity as President, you attend board meetings, vote on program matters before the board, maintain good public relations with the community as to the NESACC program, and speek at functions on the NESACC program. You also write and follow -up on requests for grant monies and submit monthly statistics for continuation of existing grants. As part of your duties as Director and President of NESACC, you attempt to maintain a positive relationship with NESACC and the principal and staff of •the District wherein NESACC uses space for its program. You also serve as a conduit between the NESACC Administrator and the District Business Manager and Assistant Superi ntendant . However, the NESACC Administrator has now become the official and recognized spokesperson to the District. You do attend official meetings between the District and NESACC on occasion with the NESACC Administrator. Lastly, you prepare financial documents for submission to the District and co -sign these documents provided by the District which relates to insurance, program responsibilities and general operational matters. You make four inquiries of the Ethics Commission and request advice as to whether there are any prohibitions relative to the questions that you pose. Specifically, you ask whether you may maintain your position as Director /President of NESACC if you are elected as School Board Director. Secondly, if you are required to relinquish your position as Director /President, you ask whether you may participate in the NESACC Program as a non -paid volunteer. Third, you ask whether there is any prohibition to using the recreation room of your home as the office for NESACC in light of limited finances. Lastly, you inquire as to whether there is any prohibition to distributing information on NESACC, while distributing campaign literature. Discussion: As a candidate for public office, you are a "candidate" as that term is defined in the Regulations of the Ethics Act. 51 Pa. Code 1.1. As such, your conduct must conform to the requirements of the Ethics Act. 65 P.S. §403. Initially, it should be noted at the outset, that this Commission will not address the issues that you have presented under any other statutes, ordinances or codes of conduct. It is provided in Section 3(b) of the Ethics Act: Section 3. Restricted activities. (b) No person shall offer or give to a public official or public employee or candidate for public office or a member Ms. Marie Morrow Jefferys August 4, 1987 Page 3 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. 4U3(b). Under the above provisions of law, the Ethics Commission can only address your questions based upon your current status which is a candidate for School Board Director. In that context, you could not solicit or receive anything of value based on the understanding that your vote, official action or judgement would be influenced thereby. Further, as a candidate for public office, you are subject to the requirement of filing a Statement of Financial Interests under Section 4(b) of the Ethics Act. Section 4(b) of the Ethics Act provides : Section 4. Statement of financial interests required to be filed. (b) Each candidate for public office shall file a statement of financial interests for the preceding calendar year with the commission prior to filing a petition to appear on the ballot for election as a public official. A petition to appear on the ballot shall not be accepted by an election official unless the petition includes an affidavit that the candidate has filed the required statement of financial interests with the commission. 65 P.S. 404(b). As to the four inquiries which you pose, since you are not an elected "public official" (School Board Director) as that term is defined in the Ethics Act, the Ethics Act neither addresses nor imposes any prohibitions upon the above activities in your current position as a candidate. As stated, the Ethics Act restricts your conduct as a candidate for public office as outlined in Section 3(b). The Ethics Act requires you to file the Statement of Financial Interests under Section 4(b). However, the Ethics Act neither addresses nor imposes any prohibitions upon the above activities while a candidate for public office. If you are elected to the position of school board director, you would become a public official as that term is defined in the Ethics Act. At that time, you might seek advice from the District solicitor or the Ethics Commission regarding the applicability of the Ethics Act. Ms. Marie Morrow Jefferys August 4, 1987 Page 4 Conclusion: As a candidate for public office, you are advised that you are required to file the Financial Interests Statement under Section 4(b) of the Ethics Act. Further, you are subject to the restrictions of 3(b) of the Ethics Act as outlined above. If you are elected to the position of Director of the School Board, you may seek advice from the District solicitor concerning the applicability of Public School Code or from the Ethics Commission as to the applicability of the Ethics Act to a public official. 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. Sincerely, Vincent 3", Dopko General Counsel