HomeMy WebLinkAbout80-038 HersheyJohn 0. Hershey
The Homestead
Hershey, PA 17033
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
August 20, 1980
OPINION OF THE COMMISSION
80 -038
Dear Mr. Hershey:
In your letter of June 10, 1980 you requested an advisory
Opinion from the State Ethics Commission relative to your position
as Chairman of the State Board of Education. You explained in
your letter that in addition to serving as Chairman of the State
Board of Education, you also serve as President of Hershey- Gerlach
Associates, a firm that provides counseling services and program
evaluations for school districts and institutions of higher educa-
tion, seminars for school administrators and school board members,
and convention management counseling services. You specifically
requested an advisory Opinion from the Commission as to whether
you are covered by the provisions of Act 170 and whether the two
positions you hold create a conflict of interest or the appearance
of a conflict prohibited by Act 170.
The Chairman of the State Board of Education is appointed by
the Governor subject to confirmation by the Senate and serves
without compensation other than reimbursement for actual expenses.
Act of April 9, 1929, P.L. 177, art. IV, as amended, 71 P.S. ;118.1.
The State Board of Education is charged by statute to "adopt broad
policies and principles and establish standards governing the
educational program of the Commonwealth" and to adopt regulations
governing elementary, secondary, and post - secondary institutions in
the Commonwealth. The Board is also authorized to hear appeals
of school districts aggrieved by decisions of the Council of
Basic Education in certain matters affecting organization of
administrative units and school district boundaries and to
develop a master plan for higher education which defines the
role of each type of institution, recommended enrollment,
recommended method for governance and formulas for distribution
of state funds. Act of April 9, 1929, P.L. 177, art. XIII,
as amended, 71 P.S. S 367.
CC:
John 0. Hershey
August 20, 1980
Page 2
Act 170 excludes from the definition of "public official"
those appointed officials who receive no compensation other than
reimbursement for actual expenses. It is the Commission's opinion
that the Chairman of the State Board of Education is not a "public
official" as that term is used in Act 170.
Section 1 of the Act declares that people have a right to
be assured that holders of public office "present neither a conflict
nor the appearance of a conflict with the public trust." It is
the Commission's opinion that in light of the broad responsibility
that the State Board of Education has with regard to educational
matters in the Commonwealth, the Chairman of the State Board of
Education holds a "public office" as that term is used in Act 170.
It is the Commission's further opinion that in order to a
conflict of interest or the appearance of a conflict, you must
disqualify yourself from any matter coming before the State Board
of Education involving a school district or institution of
higher education with whom your firm is providing consulting
or other professional services. You must also avoid the use of
your office or confidential information gained through that
office for personal financial gain.
Pursuant to Section 7(9)(1) 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.
PJS /nia
St. Bd. of Education
Democratic Research Committee
Bob Hendershot
Murray Dickman
'PAUL J. SMITH
Chairman
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