HomeMy WebLinkAbout85-007 BryerII. Factual Basis for Determination:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
June 11, 1985
OPINION OF THE COMMISSION
Mr. Thomas E. Bryer, P.E., Director
Bureau of Safety Programming of Analysis
Room 215, Transportation & Safety Building
Harrisburg, PA 17120
85 -007
Re: Hazardous Materials Transportation Committee, Private Sector Members,
Statement of Financial Interests
Dear Mr. Bryer:
This responds to your letter of May 1, 1985 in which you requested the
opinion of the State Ethics Commission.
I. Issue: Whether private sector appointees to the Hazardous Materials
Transportation Committee are public officials within the financial interest
filing requirements of the State Ethics Act.
You serve as the Director of Safety Programming and Analysis for the
Pennsylvania Department of Transportation. Under a recently enacted provision
of law, there has been created a Hazardous. Materials Transportation Advisory
Committee, the members of which are appointed by the Secretary of
Transportation. Act 99, 1984, 75 Pa. C.S.A. §8307. This committee is
composed of an authorized representative from the Department of Transportation
who shall chair the committee, the Office of Attorney General, the Department
of Health, the Department of Environmental Resources, the Pennsylvania State
Police, the Pennsylvania Emergency Management Agency and
the Pennsylvania Public Utility Commission and representatives of the
hazardous materials industry and the public as follows:
(1) A manufacturer or shipper.
(2) A consignee or user.
(3) A common carrier.
(4) A private carrier.
P1r. Thomas E. Bryer, P.E.
June 11, 1985
Page 2
III. Discussion:
(5) A representative of the fire services.
(6) A representative of the emergency medical services.
(7) A representative with highway safety experience.
(8) A member from the general public.
(9) Others deemed appropriate by the secretary.
This committee, pursuant to the enabling legislation, "may review all
regulations and advise the department on all matters concerning the highway
transportation of hazardous materials." You have also indicated that the
committee will not promulgate regulations or expend any public funds. The
members of the committee will not receive monetary remuneration except for
expenses incurred when attending meetings.
You have asked whether the members of the committee who are
representatives of the private sector are required to file Statements of
Financial Interests under the State Ethics Act.
At the outset, it should be noted that the State Ethics Commission may
only address your question within the purview of the State Ethics Act. The
Commission may not offer advice with respect to any duties or obligations
that may be imposed by other provisions of law.
Generally, the Ethics Act provides and the opinions of the State Ethics '
Commission have established that public employees and public officials are
required to file a Statement of Financial Interests no later than May 1, of
each year that the position is held. 65 P.S. §404(a); Carter, 79 -065.
• Additionally, the Act provides that:
' 4. Statement of financial interests required to be filed.
(c) Each candidate for public office nominated by a public
official or governmental body and subject to confirmation
by a public official or governmental body shall file a
statement of financial interests for the preceding
calendar year with the commission and with the official or
body that is vested with the power of confirmation at
least ten days before the official or body shall approve
or reject the nomination. 65 P.S. 404(c).
rir. Thomas E. Bryer, P.E.
June 11, 1985
Page 3
Public officials is defined in the act as follows:
Section 2, Definitions.
"Public official." Any elected or appointed official in
the Executive, Legislative or Judicial Branch of the State
or any political subdivision thereof, provided that it
shall not include members of advisory boards that have no
authority to expend public funds other than reimbursement
for personal expense, or to otherwise exercise the power
of the State or any political subdivision thereof.
"Public official" shall not include any appointed official
who receives no compensation other than reimbursement for
actual expenses. 65 P.S. 402.
As is clear, the definition of public official excludes members of
advisory boards that have no authority to expend public funds other than
reimbursement for personal expense. Pursuant to the facts as previously
outlined, the members of the Hazardous Materials Transportation Advisory
Committee are not within the above definition. Hollander, 80 -037; Mulder,
83 -008. As such, they would not be required to file Statements of Financial
Interests as set forth in the State Ethics Act.
This opinion, of course, applies only to the private sector appointees OE
the committee and does not apply to other persons who serve on the committee
as a result of holding another public office. See McQuaide, 80 -043.
IV. Conclusion:
The private sector appointees to the Hazardous Materials Transportation
Committee in the Pennsylvania Department of Transportation are not public
officials within the financial interest filing requirements of the State
Ethics Act.
Pursuant to Section 7(9)(i), this opinion is a complete defense in any
enforcement proceeding initiated by the Commission, and evidence of good faith
conduct in any civil or criminal proceeding, providing the requestor has
disclosed truthfully all the material facts and committed the acts complained
of in reliance of the advice given.
This letter is a public record and will be made available as such.
Mr. Thomas E. Bryer, P.E.
June 11, 198:,
Page 4
Finalass, any person may request within 15 days of service of the opinion
th�.t
the• Commission reconsider is opinion. The person requesting reconside-
ration should presen;, a detaileJ explanation setting forth the reasons why the
opinion requires reconside7atiorr.
JJC /sf,
By the Commission,
•�a
Dr. Leon L. Haley
Vice - Chairman