HomeMy WebLinkAbout80-002 Lace• I
TO:
RE:
FACTS:
Patricia Lace
202 Washington Avenue
Vandergrift, PA 15690
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
January 17, 1980
OPINION NUMBER 80 -002
School Director employed as a teacher in another school
district where both districts share a joint vo -tech
school.
On December 1, 1979 Patricia Lace wrote the Ethics
Commission asking for an opinion as to whether, under
Section 322 of the School Code, she could be a director
on one school board and employed as a teacher of another,
while both school districts shared a joint vo -tech school.
DISCUSSION:
The issue is whether a teacher, not vo -tech, may be
a member of a School Board in another district when
both districts share a joint vo -tech school.
Section 3(d) of Act 170 allows the Commission to
address areas of conflict not specifically addressed in
the Act. We construe this section of the State Ethics
Act to permit us to interpret conflict of interest sections
of other statutes.
As a School Director, Patricia Lace is not in a position
to have any direct influence over her teaching position. She
would be in a position to influence her fellow teachers who
are in the vo -tech school, but she would have no influence
over her own particular position.
The Commission notes that the Act specifically exempts
from the definition of "public employee" teachers. This
exemption, however, does not preclude them from being covered
as public officials where they hold public office.
This opinion only relates to an interpretation of the
State Ethics Act, Act 170, 65 P.S. 401 et seq. Patricia
Lace is advised of Commonwealth ex rel. v. Hager, Pa
(December 21, 1979) which the Supreme Court construed §322 to
bar a teacher in Patricia Lace's position from holding the
office of school director.
- Patricia Lace
January 17, 1980
Page 2
CONCLUSION:
PJS /rdp -3
Act 170, the State Ethics Act, does not act as a bar
to a school director on one school board who is employed
as a teacher of another, while both the school districts
share a joint vo -tech school.
Pursuant to Section 7(9)(ii), this opinion 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,
requestor has disclosed truthfully all the material g 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.
AUL J.
Chairma