Loading...
HomeMy WebLinkAbout95-549 RinaldiDominick S. Rinaldi, Jr. 311 N. Blakely Street Dunmore, PA 18512 Dear Mr. Rinaldi: STATE ETHICS COMMISSION 309 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 ADVICE OF COUNSEL April 18, 1995 Re: Public Employee /Official, Firefighter. 95 -549 This responds to your letter that we received on March 15, 1995, in which you requested advice from the State Ethics Commission. Issue: Whether a firefighter with a borough fire department is to be considered a "public employee" or "public official" under the State Ethics Law, and therefore, subject to the restrictions and prohibitions of the Ethics Law. Facts: Since February 14, 1985, you have been an employee of Triad Ambulance Service (Triad), a company owned by your parents. In April 1988, you became the full -time chief of Triad's ambulance crews, and Triad, underwritten contract, began providing ambulance service to the Borough of Dunmore, which it continues to provide today. Under the contract between the borough and Triad, ambulance services are paid by patient insurance; the borough does not pay Triad to provide service nor does Triad pay the borough to be allowed to provide service. You have qualified as a Pennsylvania EMT /DOT Advanced Vehicle Rescue Technician, have taken many Fire Academy courses relating to fire suppression, and seek employment as a firefighter with the Dunmore Borough Fire Department. You ask whether you would have a conflict under the Ethics Law as a part - time or full -time borough firefighter while also being employed by Triad. Discussion: We note that, for purposes of this advisory, we are relying primarily on the job description which has been provided. The primary question to be answered is whether a firefighter would be considered a "public employee" as that term is defined in the State Ethics Law: Section 2. Definitions Rinaldi, Jr., Dominick S., 95- 549•- April 18, 1995 Page 2 65 P.S. §402. "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: (1) contracting or procurement; (2) administering or monitoring grants or subsidies; (3) planning or zoning; (4) inspecting, licensing, regulating or auditing any person; or (5) 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 the job as set forth therein, we conclude that a firefighter is not 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, as a firefighter, you would not be 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." Coyle, Opinion 82 -013. Since, as a firefighter, you would not be a public employee as that term is defined under the Ethics Law, the proposed activity would not be restricted by the Ethics Law subject to the qualification that Section 3(b) and 3(c) apply to everyone. 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. Rinaidi, Jr., Dominick S., 95-549 April 18, 1995 Page 3 However, if you would eventually be employed by the borough fire department in a supervisory position or any activity described in the definition of "public employee," you would be subject to the restrictions and prohibitions of the Ethics Law concerning contracting. At that time, you may request additional advice from the Commission outlining the restrictions and prohibitions under the Ethics Law. 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 conduct 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 firefighter with Dunmore Borough Fire Department, you are not considered a public employee as defined in the State Ethics Law. Accordingly, you would not be subject to the restrictions and prohibitions of the State Ethics Law except those under sections 3(b) and (c), which 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 Advice pursuant to 51 Pa. Code 513.2(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. erely, ncent Dopko Chief Counsel