HomeMy WebLinkAbout80-028 ThomasMr. William D. Thomas
10 Curtis Drive
Carlisle, PA 17013
Dear Mr. Thomas:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
June 25, 1980
OPINION OF THE OPINION
80 -028
In your letter of May 15, 1980, you requested an advisory
opinion from the State Ethics Commission relative to your em-
ployment as a psychologist at the Loysville Youth Development
Center, a juvenile facility operated by the Department of Public
Welfare and your desire to enter into a contract to provide
private psychological services to the Adams County Probation
Office. You specifically requested an opinion as to whether
such employment created a conflict of interest prohibited by
Act 170.
In that preparation and implementation of the contract with
the Adams County Probation office you have established the following
conditions:
1. All services, evaluation and /or psychotherapy,
be conducted during evening hours or Saturdays so
as to avoid scheduling conflicts with my full -time
position.
2. All youth receiving service would be clearly iden-
tified by probation department as not in need of
comprehensive in- patient assessment.
3. The evaluation be provided as an aide in determining
the youth's personality and recommendations generated
regarding the best possible mobilization of in -commu-
nity services to bring about most effacious result.
4. No prior diagnostic residents would be referred until
one year has elapsed from the time of the in- patient
treatment at the Diagnostic Unit.
5 No youth would be referred in lieu of a referral to the
Diagnostic Unit.
Mr. William D. Thomas
June 25, 1980
Page 2
PJS /rdp -1
6. If, as a result of the psychological evaluation
performed, more intensive in- patient assessment
is needed, referral would be made to a diagnostic
facility other than Loysville.
7. That Adams County adhere to normal routine intake
policies and procedures when referring youth to Loysville.
8. And, finally, alert my immediate supervisors as to the
nature and conditions of the contract.
As a psychologist employed by the Pennsylvania Department of
public Welfare, you area "public employee" as that term is defined
in Act 170. Section 3(a) of the Act prohibits a "public employee"
from using his public office or confidential information received
through his public office "to obtain financial gain . . . for
himself . . . ."
It is the Commission's opinion that your proposed contract to
provide private psychological services to Adams County is not
prohibited by Act 170. It is the Commission's further opinion that
you may accept employment with Adams County without regard to the
requirements of Section 3(c) of the Act as you are not a "public
employee" with regard to the governmental body seeking your
services. You must adhere to your eight conditions to avoid
either the appearance of, or actual conflict of interest.
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 made
available as such.
cc: Helen O'Bannon
Secretary of Public Welfare
AdirgAAAlt
P UL J. I S∎ ITH
Chairman