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HomeMy WebLinkAbout99-533 Confidential (travel can be a gift)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 April 1, 1999 99 -533 Re: Public Employee; FIS; Township Manager; Travel Expense Reimbursement; Interview; Village Manager. This responds to your letter dated March 10, 1999 by which you requested advice from the State Ethics Commission. Issue: Whether as a Township Manager with A Township, hereinafter "Township," you would be required to disclose on your Statement of Financial Interests expense reimbursements made to you by a municipality to which you traveled in order to interview for a position of employment. Facts: You are the Township Manager for A Township. In 1998, you traveled to B ( "Village "), for the purpose of interviewing for the position of Village Manager. The Village reimbursed you $C for the cost of your airfare, meals, and rental car. The Village also paid directly for your room and meals at a hotel, which was selected by the Village. You note that the instructions for Item 12 of the State Ethics Commission Statement of Financial Interests (SFI) form state that expense reimbursements must be reported" for events which occur in connection with your public position." You state that you are unsure as to whether your interview with the Village qualifies as an event which occurred in connection with your public position. Therefore, you seek an advisory from the State Ethics Commission as to whether you must report the $C of travel expense reimbursements that you received from the Village in 1998' in connection with your interview for the position of (Village Manager. You have submitted a copy of Chapter One, Part 2 of the A Township Ordinances, which outlines the duties and describes the position of Township Manager, which document is incorporated herein by reference. Discussion: It is initially noted that pur$uant to Sections 1107(10) and 1107(11) of the Ethics Act, 65 Pa.C.S. §§1107(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 Pa.C.S. §§1107(10), (11). An advisory only affords a defense to the extent the requestor has truthfully disclosed all of the material facts. FAX: (717) 787 -0806 • Web Site: www.ethics.state.Da.us • e -mail: ethics @state.Da.us Confidential, 99 -533 April 1, 1999 Page 2 As the Township Manager for A Township, you are a public employee as that term is defined in the Ethics Act, and hence you are subject to the provisions of that Act. In addition, Sections 1103(b) and 1103(c) of the Ethics Act 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. judgment 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. Section 1105. Statement of financial interests. (b) Required information. - -The statement shall include the following information for the prior calendar year with regard to the person required to file the statement. 65 PaC.S. §1105(b)(6) and (7). (6) The name and address of the source and the amount of any gift or gifts valued in the aggregate at $250 or more and the circumstances of each gift. This paragraph shall not apply to a gift or gifts received from a spouse, parent, parent by marriage, sibling, child, grandchild, other family member or friend when the circumstances make it clear that the motivation for the action was a personal or family relationship. However, for the purposes of this paragraph, the term "friend" shall not include a registered lobbyist or an employee of a registered lobbyist. (7) The name and address of the source and the amount of any payment for or reimbursement of actual expenses for transportation and lodging or hospitality received in connection with public office or employment where such actual expenses for transportation and lodging or hospitality exceed $650 in the course of a single occurrence. This paragraph shall not apply to expenses reimbursed by a governmental body, or to expenses reimbursed by an organization or association of public officials or employees of political subdivisions which the public official or employee serves in an official capacity. In applying the provisions of the Ethics Act to the question you pose, the travel expense reimbursement that you received was from another municipality wherein you interviewed for a position. Based upon the submitted facts, this would not be in relation to your existing public employment but would be in a private capacity as an applicant for another position of municipal employment. Since the travel reimbursement was not in connection with public employment, it would not have to be reported under Section 1 105(b)(7). Confidential, 99 -533 April '1, 1999 Page 3 The reimbursement for travel that you received is considered a gift under the Ethics Act. The term "gift" is defined as follows: "Anything which is received without consideration of equal or greater value. "Gift" shall not include a political contribution otherwise reported as required by law or a commercially reasonable loan made in the ordinary course of business." 65 Pa.C.S. §1102 Since the travel expense reimbursement is a gift, it must be reported on the SFI which would require listing the amount of the gift, the name and address of the source of the gift, and the circumstances of the gift. Conclusion: In your capacity as Township Manager for A Township, you are a "public employee" subject to the Public Official and Employee Ethics Act and the Regulations of the State Ethics Commission, and the Statement of Financial Interests filing requirements. An expense reimbursement received for travel in connection with interviewing for another municipal position would be a gift reportable for FIS purposes which listing would include the name and address of the source, the amount of the gift and its circumstances. Pursuant to Section 1107(11), an 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, provided 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. SirT erely, k-afk 0// Vincent J. Dopko Chief Counsel