HomeMy WebLinkAbout80-005 MayesTO:
RE:
FACTS:
DISCUSSION:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
January 18, 198n
OPINION NUMBER 80 -005
Donald S. Mayes, Vice President
Dental Affairs
Pennsylvania Blue Shield
Taylor Bridge By -Pass
Camp Hill, PA 17011
Vice President of Dental Affairs of Pennsylvania Blue
Shield serving as a member of the State Dental Council
and Examining Board.
On or about September 20, 1979 Commissioner Miller
forwarded to the State Ethics Commission a questionnaire
relating to Dr. Donald S. Mayes, Member of the State Dental
Council and Examining Board, and asked us for an opinion
concerning his service as Vice President of Dental Affairs
for Pennsylvania Blue Shield.
Esther F. Richwine, Executive Director of the Pennsylvania
Dental Association, wrote this Commission on July 13, 1979 and
also requested an opinion relating to Dr. Mayes' service.
On October 2, 1979 Dr. Mayes responded to an inquiry
by the Executive Director, "the one occasion when a conflict
of interest could exist is when the Dental Review Committee
of Pennsylvania Blue Shield, of which I am the Secretary,
refers a matter to the State Dental Council and Examining
Board. This has occurred on several occasions and, when it
does, I have stated for the record that a conflict exists and
have abstained from participation in the Board's action related
to this matter."
The issue is whether a Vice President of Dental Affairs
of Pennsylvania Blue Shield may serve as a member of the
State Dental Council and Examining Board.
Section 3(d) of the State Ethics Act permits the Commission
to address "other areas of possible conflict."
Section 1 of the Act requires that public officials "present
neither a conflict nor the appearance of a conflict with the
public trust."
Donald S. Mayes
January 18, 1980
Page 2
CONCLUSION:
DRM /rdp -3
We find that an appearance of a conflict of interest can
be avoided if Dr. Mayes continues his practice of stating for
the record that a conflict of interest exists, and abstaining
from participation in the Board's actions relating to Dental
Review Committee matters.
Where the Vice President of Dental Affairs for Pennsylvania
Blue Shield Serves as a member of the State Dental Council and
Examining Board, a conflict of interest is avoided when that
Vice President abstains from participation in any board action
relating to the Pennsylvania Blue Shield.
Pursuant to Section 7(9)(i), 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, providing 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 meade available
as such.
State Ethics Commission
308 Finance Building
Harrisburg, PA 17120
(717)783 -1610
C •UL J.
Chairman