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HomeMy WebLinkAbout18-539 ClarkPHONE: 717 -783 -1610 TOLL FREE: 1- 800 -932 -0936 To the Requester: Ms. Tricia M. Clark Dear Ms. Clark: STATE ETHICS COMMISSION FINANCE BUILDING 613 NORTH STREET, ROOM 309 HARRISBURG, PA 17120 -0400 ADVICE OF COUNSEL June 20, 2018 FACSIMILE: 717- 787 -0806 WEBSITE: www.ethics.pa.gov 18 -539 This responds to your letter dated June 2, 2018, by which you requested an advisory from the Pennsylvania State Ethics Commission ( "Commission "). Issue- Whether the Public Official and Employee Ethics Act ( "Ethics Act"), 65 Pa.C-S. § 1101 et seg., would impose prohibitions or restrictions upon an individual with regard to accepting employment as a substitute cafeteria monitor for a school district, where the individual's husband recently terminated service as a school director for the school district. Facts: You request an advisory from the Commission based upon submitted a�ts-1hat may be fairly summarized as follows. On December 1, 2015, your husband, Leland C. Clark, began serving as a School Director for the Butler Area School District ( "School District.'), located in Butler County, Pennsylvania. Effective April 16, 2018, your husband resigned from his seat on the School District School Board. You are a PTO officer and volunteer at one of the schools (the "School' in the School District. You spend ten to fifteen hours per week volunteering in the Ichool, which is often short - handed In the cafeteria. The administration at the School has asked you to consider employment as a substitute cafeteria monitor. You seek guidance as to whether the Ethics Act would prohibit or restrict you from accepting employment as a substitute cafeteria monitor for the School District due to your husband's status as a former School Director for the School District. Discussion: It is initiall y noted that pursuant-to Sections 1107(10) and 1107(11) of e Ethics Act, 65 Pa.C.S. §§ 1107(10), (11), advisories are issued to the requester based upon the facts that the requester has submitted. In issuing the advisory based upon the facts that the requester has submitted, the Commission does not engage in an independent investigation of the facts, nor does it speculate as to facts that have not been submitted. It is the burden of the requester to truthfully disclose all of the material Clark, 18 -539 X20, 2018 Page 2 facts relevant to the inquiry. 65 Pa.C.S. §§ 1107(10), (11). An advisory only affords a defense to the extent the requester has truthfully disclosed all of the material facts. You are advised that the Ethics Act would not rohibit or restrict you from accepting employment as a substitute cafeteria monitor for the School District. Your husbands status as a former School Director for the School District would have no bearing on your ability to accept such employment. The only provision of the Ethics Act that applies to you is Section 1103(b), which applies to everyone. For your information, Sections 1103(b) and 1103(c) of the Ethics Act provide in part that no person shall offer or give to a public official/public employee anything of monetary value and no public offciaUpublic employee shall solicit or accept anything of monetary value based upon the understanding that the vote, official action, or Judgment of the public official/public employee would be influenced thereby. Reference is made to these provisions of the law not to imply that there has been or will be any transgression thereof but merely to provide a complete response to the question presented. Lastly, the propriety of the proposed conduct has only been addressed under the Ethics Act; the applicability of any other statute, code, ordinance, regulation or other code of conduct other than the Ethics Act has not been considered in that they do not involve an interpretation of the Ethics Act. Conclusion: Based upon the submitted facts that: (1) on December 1, 2015, your husband, Leland C. Clark, began serving as a School Director for the Butler Area School District ( "School District "), located in Butler County, Pennsylvania; (2) on April 16, 2018, your husband resigned from his seat on the School District School Board; (3) you are a PTO officer and volunteer at one of the schools (the "School ") in the School District; (4) you spend ten to fifteen hours per week volunteering in the School, which is often short - handed in the cafeteria; and (5) the administration at the School has asked you to consider employment as a substitute cafeteria monitor, you are advised as follows. The Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et se ., would not prohibit or restrict you from accepting employment as a substitute cafeteria monitor for the School District. Your husband's status as a former School Director for the School District would have no bearing on your ability to accept such employment. The only provision of the Ethics Act that applies to you is Section 1p103(b), which applies to everyone. Lastly, the propriety of the proposed conduct has only been addressed under the Ethics Act. Pursuant to Section 1107(11) of the Ethics Act, an 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, provided the requester 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 appeal the Advice to the full Commission. A personal appearance before the Commission will be scheduled and a formal Opinion will be issued by the Commission. Any such appeal must be in writing and must be ac�tualll r received at the Commission within thirtyy (30) days of the date of this Advice pursuant to 51 Pa. Code § 93.2(h). The appeal may be Clark, 18-539 Tu—ne 20, 2018 Page 3 received at the Commission by hand delivery, United States mail, delivery service, or by FAX transmission (717-787-0806). Failure to file such an appeal at the Commission within thirty (30) days may result in the dismissal of the appeal. Sincerely, �Z' M, Robin M. Hittie Chief Counsel