HomeMy WebLinkAbout79-024 AllenEthel D. Allen, D.O.
Secretary of the Commonwealth
302 North Office Building
Harrisburg, Pennsylvania 17120
Dear Secretary Allen:
STATE ETHICS COMMISSION
HARRISBURG, PA.
July 9, 1979
79 -024
In your letter of June 1, 1979, you requested an
advisory opinion from the State Ethics Commission relative to
Mr. John G. Lutton, Beaver Falls, Pennsylvania. You explained
that Mr. Lutton is the current Chairman of the State Board of
Funeral Directors and newly elected President of the Pennsylvania
Funeral Directors' Association. You specifically requested an
opinion from the Commission as to whether Mr. Lutton's two roles
constitute a conflict of interest under Act 170 of 1978.
The State Board of Funeral Directors was created by the
Funderal Directors Law, Act of June 14, 1952, P.L. (1951) 1898
Section 1 et seq., 63 P.S. Section 479.1 et seq., and is charged
by statute with the enforcement of the Funeral Directors Law
through rules and regulations necessary "to safeguard the interests
of the public and the standards of the profession." 63 P.S.
Section 497.16. The Board, through its rule making authority,
sets standards for the training and licensing of funeral directors
in the State. The Board approves preparation rooms of funeral
establishments, regulates advertising and makes determinations
of unprofessional conduct on the part of funeral directors.
The Pennsylvania Funeral Directors' Association is
the principal lobbying group for funeral directors in the State.
Approximately 1,650 of the 4,700 state morticians are members of
the Association. Representatives of the Association appear before
committees of the legislature and the State Board of Funeral
Directors to present the Association's views concerning pending
legislation and proposed rules under consideration by the State
Board. As President of the Association, Mr. Lutton plays an
important role in the formulation of the Association's policy
concerning legislation and the proposed rules and regulations
of the State Board of Funeral Directors.
Ethel D. Allen D.O.
July 9, 1979
Page Two
As Chairman of the State Board of Funeral Directors,
it is the Commission's opinion that Mr. Lutton is a "public
official" as the term is used in Act 170. Section 3 of the
Act captioned "Restricted Activities" authorizes the Commission
to address other areas of possible conflict of interest not
specifically set forth in the Act.
The State Board of Funeral Directors is mandated by
statute to formulate rules and regulations necessary to assure
proper conduct of the funeral directing profession and to safe-
guard the interests of the public. 63 P.S. Section 479.16.
The Commission believes that this dual responsibility is com-
promised where a member of the State Board of Funeral Directors
is the President of the Association whose members are regulated
by the Board. As noted above, Mr. Lutton, as President of the
Pennsylvania Funeral. Directors Association, plays an important
role in the formulation of the public positions of the Association
concerning proposed rules and regulations of the State Board.
The Commission believes that it is improper for a member of the
State Board of Funeral Directors to actively assist a lobbying
group in its efforts to influence the actions of the State Board.
It is the Commission's opinion that Mr. Lutton's posi-
tion as chief spokesman for the funeral directors in the State
and his membership on the governmental body charged with regulat-
ing the funeral directing profession constitutes a conflict of
interest prohibited by Act 170. It is the Commission's further
opinion that Mr. Lutton must resign as either President of the
Pennsylvania Funeral Directors' Association or as member of the
State Board of Funeral Directors.
This letter is a public record and will be made
available as such.
State Ethics Commission
308 Finance Building
Harrisburg, PA 17120
(717) 783 -1610
cc: J. Scott Calkins, Esquire
Mr. John G. Lutton
Sincerely,
aul J Smith
Chairman