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HomeMy WebLinkAbout92-589Mr. John H. Reed R.D. 3 Volant, PA 16156 Dear Mr. Reed: STATE ETHICS COMMISSION 309 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE(717)783-1610 ADVICE OF COUNSEL May 20, 1992 92 -589 Re: Public Employee /Official, FIS, University, Professor, Township Auditor. This responds to your Financial Disclosure Appeal form dated April 20, 1992, which will be treated as a request for Advice from the State Ethics Commission. Issue: Whether a professor for a state university, who is also a township auditor, is to be considered a "public employee" or "public official" 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 Professor at Clarion University, you question whether your activities and functions fall within the purview of the definition of "public employee" as that phrase is defined in the Ethics Law and the Regulations of this Commission. You state that you have received no grants for the past calendar year and do not presently intend to receive a grant in the future. You have submitted an undated Statement of Financial Interests with no designated calendar year which indicates that you do hold public office as an Auditor for Wilmington Township, Pennsylvania. Discussion: You question whether, as a Professor for Clarion University, you must comply with the financial reporting and disclosure provisions of the Ethics Law. The primary question to be answered is whether, as a Professor for Clarion University, you are to be considered a "public employee" as that term is defined in the Ethics Law: Section 2. Definitions "Public employee." Any individual employed by John H. Reed May 20, 1992 Page 2 the Commonwealth or a political subdivision . who is responsible for taking or recommending official action of a non- ministerial nature . with regard to: (1) contracting or procurement; (2) administering or .monitoring .^ grants or subsidies; (3) planning or zoning; (4) inspecting, licensing, regulating or auditing any person; or any other activity- where the official action .has: an economic impact of greater than a de minimis nature on the interests of any person. "Public employee" shall not include individuals who are employed by ,the State or any political subdivision thereof in teaching as distinguished from administrative duties. 65 P.S. S402. ( Conditioned upon the assumption that as a Professor for Clarion. University you are solely performing teaching as distinguished from administrative duties, the above exclusion to the definition of "public employee" would apply to you. Therefore, you would not be considered a "public employee" as defined in the Ethics Law, in your capacity as a Clarion University Professor. However, in your capacity as an :Auditor for Wilmington Township, you are a "public official" within the definition of that term as set forth in the Ethics Law and Regulations of this Commission, 65 P.S. S402; 51 Pa. Code S1.1, and as such, you are subject to the provisions of the Ethics Law. See, e.a., Cowie Opinion 88 -010. Therefore, in your capacity as a Township Auditor, you must file a Statement of Financial Interests for each year in which you hold the position and for the year following your termination of this service. You are further advised, for your information, that Sections 3(b) and 3(c) of the Ethics Law apply to everyone, without regard to status as a public official/ public employee. 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 John H. Reed May 20, 1992 Page 3 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 First or Second Class Township Codes. Conclusion: In the position of a Professor with Clarion University, based upon the assumption that you are solely performing teaching as distinguished from administrative duties, you are not to be considered a public employee as defined in the Ethics Law. Accordingly, in your capacity as a Professor for Clarion University you would not be subject to the reporting and disclosure requirements of the Ethics Law and need not file a Statement of Financial Interests. However, in your capacity as an Auditor for - Wilmington Township, you are a "public official" as defined in the Ethics Law. Accordingly, you must file a Statement of Financial Interests in your capacity as a Township Auditor for each year in which you hold the position for the year following your termination of this service. If you have not already done so, a Statement of Financial Interests must be filed within fifteen (15) days of this Advice. The Statement of Financial Interests would report information- of the prior calendar year and must be filed with the governing authority of the political subdivision within which you are elected, in this case Wilmington Township. Sections 3(b) and - 3(c) of the Ethics Law are applicable to everyone. Lastly, the propriety of the proposed conduct has only been add±essed 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 committed the acts complained of in reliance on the Advice given. such. This letter is a public record and will be made available as 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 L ssued . Any such appeal must ,be in ,riming -and •must `be xereiyed at John H. Reed May 20, 1992 Page 4 the Commission within 15 days of the date of this Advice pursuant to 51 Pa. Code S2.12. Sincerely �C�it cad Vincent J. Dopko Chief Counsel