Loading...
HomeMy WebLinkAbout97-594 FlynnSTATE ETHICS COMMISSION 309 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 1 71 08 -1 470 TELEPHONE (717) 783 -1610 ADVICE OF COUNSEL July 17, 1997 Shannon N. Flynn 1964 Daybreak Circle Harrisburg, PA 17120 97 -594 Re: Public Employee /Official, House of Representatives, Legislative Assistant I. Dear Ms. Flynn: This responds to your letter dated June 17, 1997, by which you requested advice from the State Ethics Commission. Issue: Whether a Legislative Assistant I with the Pennsylvania House of Representatives is to be considered a "public employee" under the Ethics Law. Facts: You request an advisory from the State Ethics Commission as to whether you would be considered a "public employee" under the Ethics Law. You are currently employed as a Legislative Assistant I with Representative Robert E. Belfanti, Jr. in the Pennsylvania House of Representatives. You are considering a position with a private lobbying firm. As Legislative Assistant, you serve as a liaison to the district office and as a secretary /administrative assistant. You state that approximately 90% of your duties involve direct communication with the district office to resolve constituent requests. Typically, a constituent will contact the district office with a problem or request and those requests are then forwarded to you for resolution with the appropriate agency. In addition, during session weeks, you are required to spend one day per week in the district office to handle constituent requests directly. Your remaining duties are administrative /clerical, including typing, dictation, answering phones, and arranging for legislative citations for constituent organizations and individuals. A copy of your job classification specifications has been obtained and is incorporated herein by reference. You request an Advice of Counsel to specifically address the following: (1) whether, as a Legislative Assistant I, you would be considered a "public employee" under the Ethics Law; and (2) if so, whether you would be barred from lobbying the Flynn, 97 -594 July 17, 1997 Page 2 House of Representatives, the House Democratic Caucus and /or Representative Belfanti. Discussion: The primary question to be answered is whether, in your capacity as a Legislative Assistant I, you are to be considered a "public employee" as that term is defined in the 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: (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 classification specifications for your position, as well as the facts which you have submitted, the necessary conclusion is that you are not to be considered a "public employee" as that term is defined in the Ethics Law. This conclusion is based upon an objective review of the above 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 above definition for the term "public employee." Thus, in your position as a Legislative Assistant I with Representative Belfanti, you would neither be considered a public official nor a public employee as those terms are defined in the Ethics Law. The only provisions of the Ethics Law which would apply to restrict you in your post - Commonwealth employment would be Sections 3(b) and 3(c) which apply to everyone. Sections 3(b) and 3(c) of the Ethics Law provide in part that no person shall offer to a public official /public employee anything of monetary value and no public official /public 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 /public employee would be influenced thereby. Flynn, 97 -594 July 17, 1997 Page 3 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 Legislative Assistant I with Representative Robert E. Belfanti, Jr. in the Pennsylvania House of Representatives, you are not to be considered a public employee or public official as defined in the Ethics Law. Accordingly, the only provisions of the Ethics Law which would restrict you in your post - Commonwealth employment are Sections 3(b) and 3(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. 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 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 thirty (30) 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 thirty (30) days may result in the dismissal of the appeal. S erel1C, Vincent J.`0opko Chief Counsel G