Loading...
HomeMy WebLinkAbout98-597 BonekemperH. George Bonekemper 3061 Finland Rd. Pennsburg, PA 18073 STATE ETHICS COMMISSION 309 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 1 71 08 -1 470 (717) 783 -1610 1- 800 - 932 -0936 ADVICE OF COUNSEL September 21, 1998 Section 3(a) of the Ethics Law provides: FAX : (717) 787 - 0806 • Web Site: www.ethics.state.pa.us • e - mail: sec @state.pa.us 98 -597 Re: Conflict; Public Official /Employee; Retired School District Employee; Board of School Directors. Dear Mr. Bonekemper: This responds to your letter of August 25, 1998 by 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 district retiree who currently receives health and life insurance benefits from serving on the board of school directors. Facts: You are a retired employee of the Upper Perkiomen School District and are receiving health benefits until age 65 and life insurance benefits until age 70 from the school district. You are considering applying for a vacancy on the Upper Perkiomen School District Board of Directors. You ask for an advisory from the State Ethics Commission as to whether you may serve on the board of school directors. 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 a retired employee of the Upper Perkiomen School District, you are a former public employee as that term is defined in the Public Official and Employee Ethics Law ( "Ethics Law "), and hence you are subject to the provisions of that law. Bonekemper, 98 -597 September 21, 1998 Page 2 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. "Business." Any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self - employed individual, holding company, joint stock company, receivership, trust or any legal entity organized for profit. Section 3(a) of the Ethics Law prohibits a public official /public employee 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. The Ethics Law does not prohibit you from serving as a board member for a school district in which you are a retired employee. However, if you do serve as a school board member, you would have a conflict in financial matters concerning your individual benefits as a retiree. For example, if it were proposed to extend your health or insurance benefits beyond the current age limits or give you greater benefits, you would have a conflict and could not participate. In such instances of conflict, you would also have to comply with the disclosure requirements of Section 3(j) noted above. 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 a retired employee of the Upper Perkiomen School District, you are a former public employee subject to the provisions of the Ethics Law. Although the Ethics Law would allow you as a school district retiree to serve on the school board, you would have a conflict of interest in financial matters that would individually affect Bonekemoer, 98 -597 September 21, 1998 Page 3 the benefits you receive from the school district as a retiree. 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. erely, fl Vincent . Dopko Chief Counsel