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HomeMy WebLinkAbout90-558 WesleySTATE ETHICS COMMISSION 308 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 ADVICE OF COUNSEL May 25, 1990 Mr. J. David Wesley 90 -558 Cambria County Courthouse South Center Street Ebensburg, PA 15931 Re: Public Employee /Official, FIS, Printer /Supply Room Coordinator, County. Dear Mr. Wesley: This responds to your letter of April 3, 1990, in which you requested advice from the State Ethics Commission. Issue: Whether a printer /supply room coordinator of a county is to be considered a "public employee" or "public official" under the State Ethics Law, and therefore, required to comply with the financial reporting and disclosure provisions of the State Ethics Law. Facts: After referencing a "reminder" from a supervisor in the County Election Office that you must file a Statement of Financial Interests, you note that you are employed by Cambria County as a printer /supply room coordinator. In your position you do not have authority to order supplies, nor do you supervise personnel. You requisition supplies from a purchasing agent who in turn orders the supplies. You feel that you should not be required to file the Statement of Financial Interests and are requesting a review of this matter. Several requests were submitted to the County for a copy of your job description but no response was received on until May 15, wherein the Personnel Office advised that you are considered a one man department and are responsible for printing needs and warehousing of all small office materials. You report directly to the commissioners or their executive assistants. Further, in a telephonic communication to the county office for additional information as to your duties and responsibilities, it was indicated that your activities were limited as noted above. Mr. J. David Wesley Page 2 Discussion: You question the requirements that you comply with the financial reporting and disclosure provisions of the State Ethics Law. You do not believe your duties and responsibilities are within the definition of "public employee" or "public official ". Accordingly, we have been asked to review the question of whether you are subject to the financial reporting and disclosure requirements of the State Ethics Law. In this regard we must rely upon the very limited information contained in the response for a job description and it is assumed for purposes of this advice that the foregoing information accurately reflects the scope of your duties and responsibilities. The primary question to be answered is whether you are to be considered a "public employee" as that term is defined in the State Ethics Law: Section 2. Definitions "Public employee." Any individual employed by the Commonwealth or a political subdivision who is responsible for taking or recommending official action of a nonministerial nature with regard to: contracting or procurement; administering or monitoring grants or subsidies; planning or zoning; inspecting, licensing, regulating or auditing any person; or any other activity where the official action has an economic impact of greater than a de minimus nature on the interests of any person. 65 P.S. 402. "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. Based upon the definition of "public employee" and in light of the information that has been supplied relative here to your duties and responsibilities, we conclude that you are not to be considered a "public employee" as that term is defined in the Mr. J. David Wesley Page 3 such. State Ethics Law. This conclusion is based upon our "objective review of this information from which it appears that you are not responsible for taking or recommending official action of a non- ministerial nature with regard to any of the five categories set forth in the definition listed above for the term "public employee ". Thus, because you are not within the classification of the term "public employee ", you would not be subject to the financial reporting and disclosure requirements of the State Ethics Law. Accordingly, you would not be required to file the Statement of Financial Interests for the years in which you are employed. Section 3(b) and 3(c) of the Ethics Law provide in part that no person shall offer to a public official /employee anything of monetary value and no public official /employee shall solicit or accept any thing of monetary value based upon the understanding that the vote, official action, or judgement of the public official /employee would be influenced thereby. Lastly, the propriety of the proposed conduct has only been addressed under the Ethics Law; the applicability of any .other statute, code, ordinance, regulation or other code of a nduct other than the Ethics Law has not been considered in that they do not involve an interpretation of the Ethics Law. Conclusion: In the position of printer /supply room coordinator with Cambria County, you are not to be considered a public employee as defined in the State Ethics Law. Accordingly, you would not be subject to the reporting and disclosure requirements of the State Ethics Law and need not file a Statement of Financial Interests. Sections 3(b) and (c) of the Ethics Law are applicable to everyone. Lastly, the propriety of the proposed conduct has only been addressed under the Ethics Law. 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 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 in writing Mr. J. David Wesley Page 4 and must be received at the Commission within 15 days of the date of this Advice pursuant to 51 Pa. Code 2.12. rely, Vincent Do•ko, Chief Counsel