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HomeMy WebLinkAbout92-586STATE ETHICS COMMISSION 309 FINANCE BUILDING P.O. BOX 11470 H ARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 ADVICE OF COUNSEL May 18, 1992 Mr. Thomas W. Graney 92 -586 Adams, Graney and Associates 1261 Elk Street Franklin, PA 16323 Re: Public Employee /Official, FIS, Planning Consulting Firm, Services to City. Dear Mr. Graney: This responds to your letter of April 14, 1992, in which you requested advice from the State Ethics Commission. Issue: Whether a private consulting firm providing planning consulting services to a city pursuant to a fixed amount contract for a period of two years is . to be considered a "public employee" under the Public Official and Employee Ethics Law, and therefore, required to comply with the financial reporting and disclosure provisions of the Ethics Law: Facts: As a partner in the firm of Adams, Graney and Associates ( "Firm "), you request an advisory from the State Ethics Commission. The Firm is under contract to the City of Meadville, Pennsylvania for planning consulting services. This is a fixed amount contract for a period of two years. You state that in the past, the Firm has never been required to submit a Statement of Financial Interests:' to this Commission for similar professional services agreements. Nevertheless, you request an advisory from the State Ethics Commission in this matter. Discussion: Your letter of inquiry seeks a review of the question of whether the Firm is subject to the financial reporting and disclosure requirements of the Ethics Law. Under the facts which} you have submitted, the Firm is under a fixed amount contract to provide planning consulting services to the City of Meadville for a period of two years. It would appear that the Firm is acting as an independent contractor in providing professional planning consulting services for a fixed period of time (two years) and for a fee, without holding any City office or position. Cass., Rogers v. State Ethics Mr. Thomas W. Graney May 18, 1992 Page 2 Commission, 80 Pa. Cmwlth. 43, 470 A.2d 1120 (1984). Thus, conditioned upon the express assumption that the Firm is not appointed to a public position with the City, the Firm would not be considered a "public employee as,.that term is defined in the Ethics Law. Thus, because the Firm is not within ,he classification of the term "public employee," the Firm.woulc(z of be subject to the financial reporting and disclosure requirements of the Ethics Law. Accordingly, the Firm would not be required to'file the Statement of Financial Interests for the two -year period during which it provides such planning consulting services to the City of Meadville without holding a City office or position. Sections 3(b) and 3(c) of the _Ethics Law 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 judgement of the public official /employee would be influenced thereby. Lastly, the propriety of the proposed conduct has only been addressed under the Ethics Law; the applicability of any other statute, code, ordinance, regulation or other code of conduct other than . the Ethics Law has not been considered in that they do not involve an interpretation of the Ethics Law. Specifically not addressed herein is the applicability of the respective municipal code. Conclusion: In its capacity as a private firm providing planning consulting services to the City of Meadville, Pennsylvania for a period of two years pursuant to a fixed amount contract, the firm of Adams, Graney and Associates is not to be considered a public employee as defined in the Ethics Law. Accordingly, in said capacity, the firm of Adams, Graney and Associates would not be subject to the reporting and disclosure requirements of the Ethics Law and need not file a Statement of Financial Interests. This Advice is conditioned upon the express assumption that Adams, Graney and Associates is not appointed to a public position with the City of Meadville. Sections 3(b) and (c) of the Ethics Law are applicable to everyone. Lastly, the propriety of the proposed conduct has only been addressed under the Ethics Law. Pursuant to Section 7(11), this 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, providing the requestor has disclosed truthfully all the material facts and eomm fitted the acts ..complained of in reliance on the Advice given. Mr. Thomas W. Graney May 18, 1992 Page 3 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 request that the full Commission review this Advice. A personal appearance before the Commission will be scheduled and a formal Opinion from the Commission will be issued. Any such appeal must be in writing and must be received at the Commission within 15 days of the date. of this Advice pursuant to 51 Pa. Code $2.12. Sincerely, r /Otaft" Vincent J. Dopko Chief Counsel