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Home My WebLink About92-505Madeline Cartwright, Principal 92 -505 School District of Philadelphia Office of Instruction Administration Building, Room 705 21st Street South of the Parkway Philadelphia, PA 19103 -1099 Re: Conflict, Public Official /Employee, Principal, School District, Honorarium, Referral of Honoraria to School District Account. Dear Ms. Cartwright: STATE ETHICS COMMISSION 309 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 1 71 08 -1 470 TELEPHONE (717) 783 -1610 ADVICE OF COUNSEL January 13, 1992 This responds to your letter of November 8, 1991, in which you requested advice from the State Ethics Commission. Issue: Whether you as a Principal employed by the School District of Philadelphia may, within the prohibitions and restrictions of the Public Official and Employee Ethics Law, accept honoraria which would be referred to a School District bank account with the funds earmarked to the Office of Parental Involvement for the District's parent involvement program. Facts: You initially note that you are continually called upon to tell the success story of a Philadelphia school where you served as Principal for 11 years. In that regard, you have submitted a copy of an article from the New York Times Magazine, November 25, 1990 issue, entitled "Philadelphia Principal Madeline Cartwright -Hope in Hell's Classroom," which article is incorporated herein by reference. You are now a Principal on special leave to work full -time with parental involvement for the School District of Philadelphia. You are offered honoraria that you would like to refer to a special bank account set up by and through the School District of Philadelphia. These funds would be earmarked to the Office of Parental Involvement and would be used for incentives Ms. Madeline Cartwright January 13, Page 2 anticipating in th for parents, students and staff for You i e u would envision tht District's parent involvement program• posters for funds would be used for purchasing banners and schools and classrooms as well as for tee - shirts and refreshments from time to time. Noting that it is your feeling that such to ruling sp spirit of the the S Ethics e Ethic Law, youiorequestwould an not advice as contrary the propriety of your proposed $�conduct. Discussion: As a Principal for ee es that School District defined Philadelphia, you are a public employee to the provisions under the Ethics Law, and hence you are subject of that law. Section 3(a) of the Ethics Law provides: Section 3 Restricted Activities. (a ) No public official or public employee shall engage in conduct that constitutes a conflict of interest. 65 P.S. Section 403 (a). Section 3 (d) of the Ethics Law provides: S ection Restricted activities (d)(1) No public • official or public employee shall accept an honorarium. (2) This subsection shall not be applied retroactively. 65 P.S. S403(d). The following' terms are defined in the Ethics Law as follows: ct;on 2 Definit ens. "Conflict or conflict of interest." Use by a public official or public employee of the authority of his office or employment or any confidential information received e through for his holding public off benefit s ot himself, a the private pecuniary Its. Madeline Cartwright January 13, 1992 Page 3 member of his immediate family or a business with which he or a member of his immediate family is associated. "Conflict" or "conflict of interest" does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member of his immediate family or a business with which he or a member of his immediate family is associated. "Authority of office or employment." The actual power provided by law, the exercise of which is necessary to the performance of duties and responsibilities unique to a particular public office or position of public employment. "Honorarium." ,Payment made in recognition of published works, appearances, speeches and presentations and which is not intended as consideration for the value of such services which are nonpublic occupational or professional in nature. The term does not include tokens presented or provided which are of de minimus economic impact. 65 P.S. §402. In addition, 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 anything 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. In applying the above provisions of Section 3(d) of the Ethics Law to the facts which you have submitted, it is clear Ms. Madeline Cartwright January 13, 1992 Page 4 that you are participating in these speaking engagements in your capacity as a public employee. The necessary conclusion, under the unambiguous language of Section 3(d) of the Ethics Law, is that in your capacity as a public employee, you may not accept honoraria. The fact that you wish to refer the honoraria to a special bank account for use by the School District's Office of Parental Involvement demonstrates the best of intentions, but does not change the fact that for public officials /public employees, honoraria are prohibited without exception and without regard to their intended use. Indeed, in the course of the legislative debate on Section 3(d) of the Ethics Law, an amendment was offered for the 'specific purpose of permitting the acceptance of honoraria which would be directed to charitable organizations. Following debate, the amendment was withdrawn. ,deg, ,pecislative Journal of Mouse, 1989 Session, No. 14 at 256 -258. This is a strong indication of the legislative intent on this issue. Thus, while both your accomplishments and your proposed use of the honoraria are laudable, nevertheless, the Ethics Law would prohibit you as a public employee from accepting honoraria even if you intended to refer the funds to a bank account for use by the School District's Office of Parental Involvement. This Commission would not have the authority to create an exception to Section 3(d) of the Ethics Law, when the clear language of that section forbids public officials /public employees to accept honoraria, without exception. Baker, Opinion 91 -004. 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 conduct other than the Ethics Law has not been considered in that they do not involve an interpretation of the Ethics Law. Specifically not addressed herein is the applicability of the School Code. Conclusion: As a Principal for the School District of Philadelphia, you are a public employee subject to the provisions of the Ethics Law. As a public employee, the Ethics Law would prohibit you from accepting honoraria, even if your intentions were to refer the funds to a special bank account for use by the School District's Office of Parental Involvement. There is no exception to the Ethics Law's prohibitions against the acceptance of honoraria by public officials /public employees. Lastly, the propriety of the proposed conduct has only been addressed under the Ethics Law. Ms. Madeline Cartwright January 13, 1992 Page 5 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 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 S2.12. Sincerely, Vincent J. Dopko Chief Counsel