The URL can be used to link to this page

Home My WebLink About91-597 ConfidentialSTATE ETHICS COMMISSION 309 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 ADVICE OF COUNSEL October 22, 1991 91 -597 Re: Public Official, General Assembly, Representative, Governmental Body, A, B Foundation, Travel, Transportation, Lodging, Hospitality, FIS. This responds to your letter of October 16, 1991, in which you requested confidential advice from the State Ethics Commission. Issue: Whether the Public Official and Employee Ethics Law presents any prohibition, restrictions, or requirements upon a Member of the General Assembly with regard to attending an education - oriented conference sponsored by the B Foundation, as part of the delegation for the A, where no taxpayers' dollars will be used to fund the trip but all of the Legislator's expenses for attending the trip will be paid by the B Foundation. Facts: As a Member of the House of Representatives of the Commonwealth of Pennsylvania, you seek a confidential advisory from the State Ethics Commission regarding your prospective attendance at an education - oriented conference sponsored by the B Foundation, which you have been invited to attend as part of the delegation from the A. You have submitted materials concerning the partnership between the A and the B Foundation which documents are incorporated herein by reference. The incorporated materials include an agenda for the three -day conference to be held in City C, State D, and your name is listed among the representation for the A. You have been assured by officials at the A that no taxpayers' dollars will be used to fund the trip. In a telephone conversation with Assistant Counsel for this Commission on October 16, 1991, you stated that it is your understanding that all of your expenses would be paid by the B Foundation. You noted that you believe this conference will be worthwhile and that the issue of education is of great concern to you as a State Representative. Based upon all of the above, you request a confidential advisory opinion from this Commission as to the application of the Ethics Law to your attendance at this conference. Discussion: As a Representative for the General Assembly of the Commonwealth of Pennsylvania, you are a public official as that term is defined under the Ethics Law, and hence you are subject to the provisions of that law. Sections 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. Reference is made to these provisions of the law not to imply that there has or will be any transgression thereof but merely to provide a complete response to the question presented. Under the circumstances which you have submitted, the Ethics Law would not preclude your attendance at the above conference in City C, at the expense of the B Foundation, although you would be required to observe the disclosure requirements of the Ethics Law which pertain to the filing of Statements of Financial Interests. The Ethics Law's disclosure requirements were recently considered in the context of trips by a Member of the General Assembly, in Noye,, Opinion 91 -007. The Ethics Law disclosure requirements regarding any payment for or reimbursement of actual expenses for transportation, lodging and /or hospitality received in connection with public office or employment are set forth at Section 5, which provides in pertinent part: Section 5. Statement of financial interests, (a) The statement of financial interests filed pursuant to this act shall be on a form prescribed by the commission. All information requested on the statement shall be provided to the best of the knowledge, information and belief of the person required to file and shall be signed under oath or equivalent affirmation. (b) The statement shall include the following information for the prior calendar year with regard to the person required to file the statement. (7)(i) The name and address of the source and the amount of any 2 payment for or reimbursement of actual expenses for transportation and lodging or hospitality received in connection with public office or employment where such actual expenses for transportation and lodging or hospitality exceed $500 in the course of a single occurrence. This paragraph shall not apply to expenses reimbursed by a governmental body, or to expenses reimbursed by an organization or association of public officials or employees of political subdivisions which the public official or employee serves in an official capacity. (ii) This paragraph shall not be applied retroactively. 65 P.S. §405(a), (b)(7). - Section 5(b)(7) excludes from the disclosure requirements expenses reimbursed by a governmental body and expenses reimbursed by organizations /associations of public officials /employees of political subdivisions wherein the public official /employee serves in an official capacity. The term "governmental body" •is defined under the Ethics Law as follows: 65 P.S. 5402. Section 2. Definitions "Governmental body." Any department, authority, commission, committee, council, board, bureau, division, service, office, officer, administration, legislative body, or other establishment in the Executive, Legislative or Judicial Branch of a state, a nation or apolitical subdivision thereof or any agency performing a governmental function. In this case, the entity which would be paying for your attendance at this conference would be the B Foundation, which Foundation would neither be deemed your "governmental body," nor an organization /association of public officials /employees of political subdivision wherein you serve in an official capacity. Thus, the exclusion would not apply, and the disclosure 3 requirements of the Ethics Law must be observed. Turning now to the question as to exactly what must be reported, Section 5(b)(7) of the Ethics Law provides that the name and address of the source as well as the amount of any payment or reimbursement of actual expenses for transportation, lodging, or hospitality received in connection with public office must be reported where the actual expenses exceed $500.00 as to a single occurrence. Thus, if the transportation, lodging or hospitality together exceed $500.00 for the single occurrence of this conference, you are required to report that on your annual Statement of Financial Interests. The specific reporting would require the name and address of the B Foundation which would be providing the travel expenses or reimbursement as well the amount of such expenses. Lastly, we note that we have only addressed the question posed under the Ethics Law. Specifically not addressed herein is the applicability of the Legislative Code of Conduct or any reporting requirements for lobbyists. IV. Conclusion: A Member of the General Assembly of the Commonwealth of Pennsylvania is a public official subject to the provisions of the Ethics Law. Subject to the qualifications and restrictions noted above, the Ethics Law would not preclude the attendance of a Member of the General Assembly at an out -of -state education - oriented conference at the expense of the B Foundation. Section 5(b)(7) of the Ethics Law requires a Member of the General Assembly to list the name and address of the source, and the amount of payments or reimbursements for expenses as to transportation, lodging and hospitality which exceed $500.00 in the course of a single occurrence. Travel expenses and accommodations for an education - oriented conference sponsored by the B Foundation, where such expenses and accommodations are paid by the B Foundation, must be reported since the B Foundation is not within the exclusionary language of Section 5(b)(7) of the Ethics Law. Lastly, the propriety of the proposed conduct has only been addressed under the Ethics Law. Pursuant to Section 7(11), 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 4 Commission will be scheduled and a formal Opinion from the Commission will be issued. Any such appeal must be in writing and must be received at the Commission within 15 days of the date of this Advice pursuant to 51 Pa. Code §2.12. Sincerely, 144 Vincent J. Dopko Chief Counsel 5