HomeMy WebLinkAbout80-015 FumoTO:
FACTS:
DISCUSSION:
Vincent J. Fumo
State Senator
State Capitol
Harrisburg, PA 17120
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
March 12, 1980
Opinion // 80 -015
RE: Administrator of a Private College Serving on the Board
of Trustees of a State College
On February 7, 1980, Vincent J. Fumo, Majority Caucus
Leader of the Senate, advised this Commission that the Governor
has nominated Alice B. Sivulich, an administrator of Lafayette
College to be a member of the Board of Trustees of East
Stroudsburg State College.
He asks "whether an employee of a private college in eastern
Pennsylvania can serve on the Board of Trustees of a public
state college in the same area."
The issue is whether under Section 3(c) of the State Ethics
Act an individual can serve as a member of the Board of Trustees
of a State College while also being an administrator of a private
college.
Section 4(c) of the State Ethics Act provides as follows:
Each candidate for public office nominated by a public
official or governmental body and subject to confirmation
by a public official or governmental body shall file a
statement of financial interests for the preceding
calendar year with the Commission and with the official
or body that is vested with the power of confirmation
at least ten days before the official or body shall
approve or reject the nomination.
Since Ms. Sivulich's appointment is subject to confirmation
by the Senate, she is a candidate and, therefore, is subject to
the State Ethics Act.
Section 3(d) permits the Commission to address other areas
of possible conflict. While Lafayette College and East Stroudsburg
State College may "compete" for the same students, it is rare that
a direct conflict would arise between the two colleges.
Fumo
March 12, 1980
Page 2
CONCLUSION:
PJS /alf -3
However, if a matter involving or affecting one of the
colleges, its administrators, faculty or students comes before
Ms. Sivulich in her role with the other college, a conflict
or appearance of conflict could exist, and she should abstain
from participation in that matter.
Persons nominated by the Governor to positions subject to
confirmation by the Senate are subject to the State Ethics Act.
There is no apparent conflict of interest when an administrator
of a private college also serves as a member of the Board of
Trustees of a state college which is located in the same areas
as the private college.
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 re-
liance on the advice given.
This letter is a public record and will be made available
as such.