HomeMy WebLinkAbout94-577 CorazziDaniel J. Corazzi, Superintendent
Valley View School District
1 Columbus Drive
Archibald, PA 18403
Dear Mr. Corazzi:
STATE ETHICS COMMISSION
309 FINANCE BUILDING
P.O. BOX 11470
HARRISBURG, PA 1 71 08 -1 470
TELEPHONE (717) 783 -1610
ADVICE OF COUNSEL
June 21, 1994
94 -577
Re: Conflict, Public Official /Employee, School Director, CPA,
School District Accounting and Auditing Conference,
Superintendent Approval.
This responds to your letter of May 24, 1994 in which you
requested advice from the State Ethics Commission.
Issue: Whether the Public Official and Employee Ethics Law
presents any prohibition or restrictions upon a school director who
is a CPA from attending a school district accounting and auditing
conference at school district expense after obtaining authorization
from the superintendent.
Facts: On behalf of a Member of the Valley View School District
Board of Education (District) who has authorized you to request
this advisory, you inquire as to whether the District may pay a
registration fee for the Board Member to attend a one (1) day
School District Accounting and Auditing Conference. The Conference
is intended for CPA's and School District Finance Officials. The
School Board Member is a CPA. The registration fee is $175.00 and
no other costs will be incurred by the District. The Board Member
would not vote to approve the request since the District policy
authorizes the Superintendent to approve such requests. A copy of
the conference brochure is enclosed which is incorporated herein by
reference.
Discussion: It is initially noted that pursuant to Sections 7(10)
and 7(11) of the Ethics Law, 65 P.S. 55407(10), (11), advisories
are issued to the requestor based upon the facts which the
requestor has submitted. In issuing the advisory based upon the
facts which the requestor has submitted, the Commission does not
engage in an independent investigation of the facts, nor does it
Corazzi, Daniel J., 94 -577
June 21, 1994
Page 2
speculate as to facts which have not been submitted. It is the
burden of the requestor to truthfully disclose all of the material
facts relevant to the inquiry. 65 P.S. §S407(10), (11). An
advisory only affords a defense to the extent the requestor has
truthfully disclosed all of the material facts.
As School Director for Valley View School District, the School
Director is a public official as that term is defined under the
Ethics Law, and hence he is subject to the provisions 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.
The following terms are defined in the Ethics Law as follows:
Section 2. Definitions.
"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 through his
holding public office or employment for the
private pecuniary benefit of himself, a 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.
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
been or will be any transgression thereof but merely to provide a
complete response to the question presented.
Corazzi, Daniel J., 94 -577
June 21, 1994
Page 3
Section 3(j) of the Ethics Law provides as follows:
Section 3. Restricted activities
(j) Where voting conflicts are not
otherwise addressed by the Constitution of
Pennsylvania or by any law, rule, regulation,
order or ordinance, the following procedure
shall be employed. Any public official or
public employee who in the discharge of his
official duties would be required to vote on a
matter that would result in a conflict of
interest shall abstain from voting and, prior
to the vote being taken, publicly announce and
disclose the nature of his interest, as a
public record in a written memorandum filed
with the person responsible for recording the
minutes of the meeting at which the vote is
taken, provided that whenever a governing body
would be unable to take any action on a matter
before it because the number of members of the
body required to abstain from voting under the
provisions of this section makes the majority
or other legally required vote of approval
unattainable, then such members shall be
permitted to vote if disclosures are made as
otherwise provided herein. In the case of a
three - member governing body of a political
subdivision, where one member has abstained
from voting as a result of a conflict of
interest, and the remaining two members of the
governing body have cast opposing votes, the
member who has abstained shall be permitted to
vote to break the tie vote if disclosure is
made as otherwise provided herein.
If a conflict exists, Section 3(j) requires the public
official /employee to abstain and to publicly disclose the
abstention and reasons for same, both orally and by filing a
written memorandum to that effect with the person recording the
minutes or supervisor.
•
In this case, although the Ethics Law would not prohibit the
School Board Member from attending the one (1) day conference with
the registration fee of $175.00 paid by the District, there are
certain restrictions imposed by the Ethics Law. First, the School
Board Member could not vote or participate on the matter of sending
himself to conference. Further, in the event that the
Superintendent would approve such requests, then the Board Member
would have a conflict in the future as to matters involving the
Corazzi, Daniel J., 94 -577
June 21, 1994
Page 4
Superintendent
rating. As to
participate as
the disclosure
above.
such as his salary, retention, job performance
those matters, the Board Member could not vote or
to the Superintendent and would have to comply with
provisions of Section 3(j) of the Ethics Law noted
In Guloien, Opinion 90 -011, the Commission determined that a
School Director was not prohibited from soliciting insurance or
renewing insurance contracts as to Board Members, administrators,
teachers, or other employees of the School District. However, the
Commission noted that the School Board Member would have a conflict
and could not participate in matters involving individuals
associated with the District who were or became insurance clients
and further that the School Director had to observe the disclosure
requirements of Section 3(j) of the Ethics Law. See also Bassi,
Opinion 86- 007 -R, and Woodrincr,, Opinion 90 -001.
Therefore, based upon the prior precedent of the Commission,
the Board Member would not be precluded from attending the
conference with the registration fee paid by the school as approved
by the Superintendent: however, the School Board Member would then
have a conflict as to matters involving the Superintendent and
would have to observe the disclosure requirements of Section 3(j)
of the Ethics Law.
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 respective municipal code.
Conclusion: As School Director for Valley View School District,
the individual is a public official subject to the provisions of
the Ethics Law. Based upon prior precedent of the Commission, the
School Board Member would not be precluded from attending the
conference with the registration fee paid by the school as approved
by the Superintendent: however, the School Board Member would then
have a conflict as to matters involving the Superintendent and
would have to observe the disclosure requirements of Section 3(j)
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.
Corazzi, Daniel J., 94 -577
June 21, 1994
Page 5
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
rece ved at the Commission within fifteen (15) days of the date of this
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.
such.
Vincent Dop o
Chief Counsel