HomeMy WebLinkAbout01-513 RohannaGregory P. Rohanna, Coroner
Greene County Coroner's Office
22 West High Street, Room 209
Waynesburg, PA 15370
ADVICE OF COUNSEL
February 5, 2001
01 -513
Re: Conflict; Public Official /Employee; County Coroner; Coroner's Office; Use of
Coroner's Private Office Space, Equipment; Reimbursement.
Dear Mr. Rohanna:
This responds to your letter of January 3, 2001, by which you requested advice
from the State Ethics Commission.
Issue: Whether the Public Official and Employee Ethics Act would present any
prohibition or restrictions upon a County Coroner with regard to an arrangement whereby
the County would provide the Coroner with a "flat expense reimbursement" for the use
and access of the Coroner's own private office space /equipment.
Facts: As the Coroner for Greene County, you seek an advisory from the State
Ethics Commission as to whether the Public Official and Employee Ethics Act ( "Ethics
Act "), 65 Pa.C.S. §1101 et seq., would present any prohibition or restrictions upon you
with regard to an arrangement whereby Greene County would provide you with a "flat
expense reimbursement" for the use and access of your own private office
space /equipment. You have submitted facts which may be fairly summarized as follows.
You state that the equipment and office of the Coroner must be available 24 hours
per day, 365 days per year. As Greene County Coroner, you currently have no full -time
employees to operate a separate office. You state that under a proposed arrangement,
Greene County would begin paying you a flat monthly expense reimbursement of $250
for the use and access of your own office equipment and supplies, "not to mention" heat,
electric and office space. The County Controller has questioned whether the proposed
expense payment would violate the Ethics Act.
You state that you regard the payment as a reimbursement of expenses that
Greene County would have to provide anyway, and which would otherwise be at a
greater cost to the County than the proposed $250 per month.
Rohanna, 01 -513
February 5, 2001
Page 2
Discussion: It is initially noted that pursuant 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.
As Coroner for Greene County, you are a public official as that term is defined in
the Ethics Act, and hence you are subject to the provisions of that Act.
Section 1103(a) of the Ethics Act provides:
65 Pa.C.S. §1103(a).
§1103. Restricted activities
(a) Conflict of interest. - -No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
The following terms pertaining to Section 1103(a) are defined in the Ethics Act as
follows:
§1102. 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. The term 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.
"Authority of office or employment." The actual
power provided by law, the exercise of which is necessary to
the performance of duties and responsibilities unique to a
particular public office or position of public employment.
"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.
Rohanna, 01 -513
February 5, 2001
Page 3
65 Pa.C.S. §1102.
"Business with which he is associated." Any
business in which the person or a member of the person's
immediate family is a director, officer, owner, employee or has
a financial interest.
In applying the above provisions of the Ethics Act to the instant matter, pursuant to
Section 1103(a) of the Ethics Act, a public official /public employee is prohibited 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.
A financial gain to a public official /public employee that is other than compensation
provided for by law is a private pecuniary benefit. Thompson, Opinion 99 -005; Patterson,
Order 1023.
Although the State Ethics Commission does not have the statutory jurisdiction to
interpret laws other than the Ethics Act, such other laws become relevant when it is
necessary to determine whether a public official /employee may receive a pecuniary
benefit under the Ethics Act. In such cases, other laws must be considered to determine
whether the pecuniary benefit is permitted under the Ethics Act as authorized in law or is
prohibited as a private pecuniary benefit without authorization in law. Thompson,
Opinion 99 -005.
With regard to your inquiry, it is noted that the County Code provides for the
annual salaries of coroners. 16 P.S. §11011 -9. Additionally, the County Code provides
for payment by the county of certain office expenses of county officers, which would
include coroners. 16 P.S. §508. The county commissioners are directed to contract for
and purchase all such services and personal property for county officers and agencies.
16 P.S. §1801. However, there does not appear to be any provision of the County Code
authorizing contracts with or payment(s) to a coroner for the access and use of his own
private office space /equipment. Moreover, there is a provision of the County Code which
appears to prohibit elected or appointed county officers from having any direct or indirect
personal interest in any contract to which the county is a party. 16 P.S. §1806.
As for Commission rulings, in Cappabianca, Opinion 89- 014 -R, the State Ethics
Commission held that a Member of the General Assembly was prohibited under the
Ethics Act from charging his legislative district account with rent for a district office in a
building he owned. In Harper, Opinion 94 -001, the Commission similarly held that the
Ethics Act would prohibit the reimbursement to a former legislator of the portion of utility
services attributable to the operation of her legislative district office within her personal
residence.
Based upon a review of the above provisions of law and rulings of the State Ethics
Commission, you are advised that the Ethics Act would prohibit your receipt of payments
from Greene County under the proposed arrangement for the access and use of your
own private office space /equipment relative to the Coroner's Office.
Rohanna, 01 -513
February 5, 2001
Page 4
The propriety of the proposed conduct has only been addressed under the Ethics
Act; the applicability of any other statute, code, ordinance, regulation or other code of
conduct other than the Ethics Act has not been considered in that they do not involve an
interpretation of the Ethics Act.
Conclusion: As Coroner for Greene County, you are a public official subject to the
provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. §1101
et seq. The Ethics Act would prohibit your receipt of payments from Greene County for
the access and use of your own private office space or equipment relative to the
Coroner's Office. Lastly, the propriety of the proposed conduct has only been addressed
under the Ethics Act.
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.
Sincerely,
Vincent J. Dopko
Chief Counsel