Loading...
HomeMy WebLinkAbout29 FavingerMr. Theodore Favinger Court House Norristown, PA 19404 Re: Complaint X79 -021 -C Dear Mr. Favinger: A. Allegation: B. Findings: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION February 6, 1981 No. 29 #79 -021 -C The State Ethics Commission has received a complaint regarding the Association of Weights & Measures (hereinafter the Association) and possible violations of the Ethics Act, Act 170 of 1978. The Commission has completed its investi- gation into these allegations and finds that an appearance of a conflict exists under the circumstances presented in relation to Act 170. The individual allegations and findings on which our conclusion is based are: 1. The Association publishes a yearbook on an annual basis that is almost entirely comprised of advertising solicited from firms regulated by the various Weights and Measures Inspectors for the Commonwealth, counties and other municipalities and conducts conferences which are designed to serve as "schools of instruction" for these Inspectors. 2. At the conferences scheduled as set forth above, the sponsors of advertisements to the .yearbook give gifts to and hold hospitality suites for those attending such conferences. 1. The PA Association of Weights & Measures is an organization of persons actively engaged in the work of enforcing the weights and measures laws in the Commonwealth of Pennsylvania. It is comprised of Persons employed by the Commonwealth, various counties and municipalities. Associate non - voting members include "any person who is connected with an industry that deals in weighing or measuring equipment or commodities ". Theodore Favinger February 6, 1981 Page -2- 2. The Association has held over sixty state -wide annual conferences and Publishes an annual yearbook. 3. The Association membership includes Weights & Measures' Inspectors employed by the Commonwealth, various counties, and municipalities. 4. The yearbook published by the Association contains advertisements by firms regulated by the members of the Association who work as Weights & Measures' Inspectors for the Commonwealth, counties and municipalities. 5. The Association contracts with J. A. Saxe Company to solicit advertising and to publish the yearbook. 6. No Inspector, city, county or state, who is a member of the Association, has been asked by J. A. Saxe Company or encouraged to solicit, directly or indirectly, advertisements for the annual yearbook which is published on behalf of the Association. 7. Some of the time at conferences conducted by the Association is used for schools of instruction for the Inspectors throughout the state. 8. All solicitations for the yearbook were conducted by J. A. Saxe Company and advertisements, solicitations and receipts were addressed to the PA Association of Weights & Measures. Advertisers were instructed to make all checks payable to the Association. 9. Although there is an allegation that a fund - raiser employed by J. A. Saxe Company "dropped the names" of Inspectors in order to secure advertisements, neither the Department of Justice nor the Ethics Commission, after investigation, can conclude that any member of the Department of Agriculture, Bureau of Weights & Measures, or the Inspectors of any county or munici- pality used their influence to secure money, gifts or advertisements from firms subject to the Bureau's, counties' or municipalities' jurisdiction. 10. The Association treasurer gave J. A. Saxe Company a signed letter which was used to solicit advertisements. Theodore Favinger February 6, 1981 Page -3- 11. Regional Directors of the Department of Agriculture, after contacting a number of persons and firms that advertised in the yearbook, found two instances where such advertisers reported that representatives from the J. A. Saxe Company mentioned the names of Inspectors while performing solicitation. 12. Some of the advertisers and sponsors in the yearbook give gifts and sponsor hospitality suites for the attendees at conferences sponsored by the Association. C. Discussion: The Ethics Act prohibits public officials and public employees from using their office or position for financial gain other than compensation authorized by law. The Act also declares that the financial interest of public officials, public employees, and candidates should present neither a conflict or the appearance of a conflict with the public trust. Direct and indirect relationships between a regulator and those he or she regulates is of special concern within this context. An understanding and in -depth knowledge of the law, the technology of the field, and its apparatus is of significant value to all parties. However, the communications, discussions, and meetings between the regulator and those regulated must be conducted to avoid even the appearance of a conflict of interest. Any dependency of the regulator on those they regulate for financial support raises the spectre of a conflict or its appearance. D. Conclusion: In light of the above allegations, findings and discussions, we conclude that while Act 170 does not prohibit an exchange of information between regulators, regulatees and manufacturers of equipment subject to such regulation, certain activities between these groups and /or individuals can present the appearance of a conflict of interest as prohibited under Act 170. Specifically, seminars on new equipment are not prohibited, even if sponsored by the equipment manu- facturers', but gifts cannot be given and inspectors cannot recommend such equipment to the regulatees. Theodore Favinger February 6, 1981 Page -4- PJS/ j c There is also an appearance of a conflict of interest when regulators receive financial support for their conferences or training, have hospitality rooms sponsored or receive gifts from those they regulate. The following actions are either an actual conflict or create the appearance of a conflict and must be avoided. 1. Inspectors, as regulators, may not solicit ads from the regulatees for the Association's yearbook and Inspectors may not use or permit the use of their name or official title on any correspondence relating to the solicitation of advertisements for this yearbook. 2. Regulators cannot accept gifts from those they regulate. 3. Persons regulated cannot give gifts to the inspectors or supervisors, or any public official or employee involved in regulating them. 4. Persons regulated cannot sponsor hospitality rooms for inspectors, supervisors, or any other public official or employee involved in regulating them. 5. Regulators cannot accept sponsorship of hospitality rooms from those they regulate. All files in this case will remain confidential. However, this Order is final and will become available as a public document within 15 days unless you file documentation with the Commission which justifies reconsideration and /or challenges pertinent factual findings made. Sincerely, C 7-6-74AP Paul ' Smith Chairman