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HomeMy WebLinkAbout94-567 RiekDebra E. Riek Executive Assistant County of Cambria Cambria County Courthouse Ebensburg, PA 15931 94 -567 Re: Public Employee /Official, FIS, County Executive Assistant, Secretary. Dear Ms. Riek: STATE ETHICS COMMISSION 309 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 ADVICE OF COUNSEL June 2, 1994 This responds to your letter of May 6, and May 23, 1994, in which you requested advice from the State Ethics Commission. Issue: Whether a county executive assistant 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: As an Executive Assistant in Cambria County you have been requested to submit a Statement of Financial Interests (FIS) based upon the perception that you have the authority or ability to purchase items, without prior approval of superiors, when items are less than $10.00 in value. The only times that you have purchased items has been with prior authorization of the Chief Clerk or other superiors and you do not possess the independent ability to authorize any purchases. The Cambria County Solicitor in an Opinion of March 30, 1994 opined that you do not have to file an FIS. You seek a review by the Commission of this matter and have supplied your job description which indicates that you perform secretarial work involving complex typing and clerical duties including the preparation of complex reports and correspondence. Work involves initiative and judgment on procedural questions in accord with established precedents or policies. There may be responsibility for a small clerical staff with assignments received from an administrative superior who reviews such work. Discussion: You question the requirements that you comply with the financial reporting and disclosure provisions of the State Ethics Riek, Debra E., 94 -567 June 2, 1994 Page 2 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. We note that, for the sake of this response, we are relying primarily on your job description and /or classification specification which have been provided. 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: 65 P.S. §402. 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 non - ministerial 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 minimis nature on the interests of any person. "Public employee" shall not include individuals who are employed by the State or any political subdivision thereof in teaching as distinguished from administrative duties. Based upon the definition of "public employee" and in light of the job description and the classification specifications for the position, as well as the language in the appeal and /or request for advice, and the explanation of your job as set forth therein, we Riek, Debra E., 94 -567 June 2, 1994 Page 3 conclude that you are not to be considered a "public employee" as that term is defined in the 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. Conclusion: In the position of County Executive Assistant 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(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. such. 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 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 actually received at the Commission within fifteen (15) days of the date of this Riek, Debra E., 94 -567 June 2, 1994 Page 4 Advice pursuant to 51 Pa.Code §13.2(h). The appeal may be 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 fifteen (15) days may result in the dismissal of the appeal. incerely, Vincent ` T . Dopko Chief Counsel