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HomeMy WebLinkAbout22-006 ConfidentialPHONE 717-783-1610 STATE ETHICS COMMISSION FACSUL.E� 717-787-0806 TOLL FREE: 4-800-932-0936 HNANCE BUILUNG WEBSITE: w6 wu.q iiqf, 613 NORTI-I STREET', ROOM 309 FIARRISBURG, PA 17120-0400 uPINION OF THE COMMISSION Before: Mark R. Corrigan, Acting Chair Roger Nick Melanie DePalma Michael A, Schwartz Rhonda Hill Wilson Paul E. Parsells DATE DECIDED: 9/10/22 DATE MAILED: 8/16/22 To the Requester: 11. This Opinion is issued in response to your letter dated [Date], by which you requested a confidential advisory from the Pennsylvania State Ethics Commission ("Ethics Commission"). 1. ISSUE: Whether the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C. S. § 1101 et sec., would impose prohibitions or restrictions upon you with regard to serving on [Entity I's] [Body], a [Type of Corporation] created to support the mission of [Entity 2], a [Type of Entity] in [Geographical Location], Pennsylvania. 11. FACTUAL BASIS FOR DETERMINATION: You are an appointed Member of the [Governmental Body]. You seek guidance from this Commission as to whether the Ethics Act would impose any prohibitions or restrictions upon you with regard to engaging in activity as detailed below. Your proposed activity involves serving on [Entity I's] [Body], The Entity is a [Type of Corporation], created to support the mission of [Entity 2], a [Type of Entity] in [Geographical Location], Pennsylvania. The primary responsibility of [Entity 1] is to [perform a particular function in support of Entity 2] . Historically, [Entity 1] has [engaged in certain activities]. Confidential Opinion, 22-006 August 16, 2022 Page 2 You seek guidance as to whether the Ethics Act would permit you to serve on [Entity I's] [Body]. By letter dated July 13, 2022, you were notified of the date, time and location of the executive meeting at which your request would be considered. III. DISCUSSION: It is initially noted that pursuant to Sections 1107(10) and 1107(11) of the Ethics Act, 65 Pa.C.S. §§ 1107(10), (11), advisories are issued to the requester based upon the facts that the requester has submitted. In issuing the advisory based upon the facts that the requester has submitted, this Commission does not engage in an independent investigation of the facts, nor does it speculate as to facts that have not been submitted. It is the burden of the requester to truthfully disclose all material facts relevant to the inquiry. 65 Pa.C.S. §§ 1107(10), (11). An advisory only affords a defense to the extent the requester has truthfully disclosed all material facts. As a Member of the [Governmental Body], you are a public official subject to the provisions of the Ethics Act. As a Member of the [Governmental Body], you are subject to [Statutory Provision A, Cite] and [Regulatory Provision A, Cite]. [Statutory Provision A] provides, in pertinent part: [Text of Statutory Provision A] [Cite]. The terms [Term 1 ] and [Term 2] are defined in the [Statute] as follows: [Definitions of Term 1 and Term 2] [Cite]. For purposes of [Statutory Provision A], the term [Term 31 is defined in the [Regulatory Provisions] as follows: [Definition of Term 3] [Cite]. [Regulatory Provision A] provides, in pertinent part, as follows: [Text of Regulatory Provision A] [Cite]. Confidential Opinion, 22-006 August 16, 2022 Page 3 Based upon the above, [Statutory Provision A] prohibits a Member of the [Governmental Body] from: (1) [engaging in certain conduct involving a Term 1]; or (2) [engaging in certain conduct involving a Term 2]. [Cites]. Having set forth the above relevant provisions of law, you are advised as follows. [Entity 1 ] is not considered a [Term 1 ] or [Term 2] as those terms are defined in the [Statute]. Thus, the Ethics Act would not prohibit you from serving on [Entity 1's] [Body]. Lastly, the propriety of the proposed conduct has only been addressed under the Ethics Act. IV. CONCLUSION: As a Member of the [Governmental Body], you are a public official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Art"), 65 Pa.C.S. § 1101 et sec ., and the Regulations of the State Ethics Commission, 51 Pa. Code § 11.1 et se___c .. [Statutory Provision A] prohibits a Member of the [Governmental Body] from: (1) [engaging in certain conduct involving a Term 1]; or (2) [engaging in certain conduct involving a Term 2]. [Cites]. [Entity 1 ] is not considered a [Term 1 ] or [Term 2] as those terms are defined in the [Statute]. Thus, the Ethics Act would not prohibit you from serving on [Entity 1's] [Body]. Pursuant to Section 1107(10) of the Ethics Act, the person who acts in good faith on this Opinion issued to her shall not be subject to criminal or civil penalties for so acting provided the material facts are as stated in the request. This letter is a public record and will be made available as such. By the Commission, Mark R. A01Tigan Acting Chairman Commissioner Shelley Y. Simms did not participate in this matter.