Loading...
HomeMy WebLinkAbout98-525 HeibigThomas C. Helbig, President Chartiers Valley School Board 9 Arlington Ave. Carnegie, PA 15106 STATE ETHICS COMMISSION 309 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 1 71 08 -1 470 TELEPHONE (717) 783 -1610 ADVICE OF COUNSEL March 11, 1998 98 -525 Re: Conflict, Public Official /Employee, School, Board Member, Computer, Personal Use. Dear Mr. Helbig: This responds to your letter of February 4, 1998 by which you requested advice from the State Ethics Commission. Issue: Whether the Public Official and Employe Ethics Law presents any prohibition or restrictions upon a school board member from utilizing during his term on the board a used computer donated to the school. Facts: You are the President of the Board of the Chartiers Valley School District (School District) which has recently received and accepted a donation of used computer equipment. The donation was made with the intention of increasing the Board's use of current technology and enabling access to the Internet. Since the Board Members made a commitment four years ago to improve both the hardware and software technology in the School District, there is a state -of- the -art network in each facility and a computer with Internet access in each elementary classroom. Such technology requirements in the areas of math, business and industrial arts have also been addressed. You believe that the Board's effectiveness can be increased and costs reduced by having them utilize the used computer equipment at no cost to the school district. The donated equipment would be loaned to each director, while remaining the property of the School District, and would be returned to the School District when a director completes his /her service. You state that the computers will reduce the costs of communicating with the central administration. For example, it will be cheaper and easier to send E -mail to all the Board Members rather than requiring a School District employee to deliver hard copies to the Board Members. Since board members of other school districts use such technology from their school district resources, you wish to do the same in your Helbiq, 98 -525 March 11, 1998 Page 2 School District, which would be at no expense to the School District since the computers are donated used equipment. You ask if this utilization of the donated computer equipment would constitute a compromising or unethical situation. Advice is sought only as to your future conduct. Discussion: It is initially noted that pursuant to Sections 7(10) and 7(1 1) of the Ethics Law, 65 P.S. § §407(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 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. §§407(10), (11). An advisory only affords a defense to the extent the requestor has truthfully disclosed all of the material facts. As President and a Member of the Board of the School District, you are a public official as that term is defined in the Public Official and Employe Ethics Law ( "Ethics Law "), and hence you are 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. Helbiq, 98 -525 March 11, 1998 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. In each instance of a conflict, 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 applying the above provisions of the Ethics Law to the circumstances which you have submitted, pursuant to Section 3(a) of the Ethics Law, a public official /public employee is prohibited from using the authority of public office /employment or confidential information received by holding such a public position for the private pecuniary benefit of the public official /public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. Thus, although Section 3(a) would not form a basis for inquiring into the propriety of the School District providing a personal computer to you as a Member of the School Board for use for School Board matters, Section 3(a) would prohibit the use of School District personal computers and /or related School District equipment or services, such as, for example, access to on -line services, for private purposes. Any use of the School District personal computers, related equipment, or services for private purposes would constitute a use of the authority of public office for private pecuniary benefit since the public official would therefore not have to pay for such facilities himself. See, Rakowsky, Order No. 943. The fact that the proposed School District provision of personal computers to you as a Board Member might be a cost saving measure for the School District, would Helbiq, 98 -525 March 11, 1998 Page 4 not in any way impact upon or exonerate you as a Board Member as to a transgression of Section 3(a) related to your personal use of such equipment and services. 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 Public School Code. Conclusion: As President and Member of the Board of the Chartiers Valley School District, you are a public official subject to the provisions of the Ethics Law. Although Section 3(a) of the Ethics Law would not prohibit you as a School Board Member from using a donated used School District computer for school district purposes, you could not use the computer for non - school district purposes. 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 1. 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. Chief Counsel