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STATE ETHICS COMMISSION
FINANCE BUILDING
613 NORTH STREET, ROOM 309
HARRISBURG, PA 17120-0400
FACSIMILE: 717-787-0806
WEBSITE: www.ethics.pa.gov
ADVICE OF COUNSEL
May 10, 2023
To the Requester:
Joseph M. Batt, Esquire
Dear Mr. Batt:
23-527
This responds to your letter dated April 13, 2023, by which you requested an advisory from
the Pennsylvania State Ethics Commission ("Commission"), seeking guidance as to the issue
presented below:
Issue:
Whether the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et
sec.., would impose prohibitions or restrictions upon an individual serving as Deputy
Adjutant General — Veterans Affairs of the Pennsylvania Department of Military and
Veterans Affairs with regard to attending and making a presentation at a business
symposium/event hosted by a company that supplies chimney and hearth products, where:
(1) the individual would make a presentation on the hiring of veterans; (2) the individual
would make the presentation in her private capacity as a Brigadier General (PA), U.S.
Army, Retired, and not in her official Commonwealth capacity; (3) the individual would
pay all costs, including those for travel and lodging, associated with her attendance at the
business symposium/event; and (4) the individual would use annual leave for any time that
she would be absent from her Commonwealth obligations.
BriefAnswer: Based upon the submitted facts, Section 1103(a) of the Ethics Act (pertaining
to conflict of interest) would not prohibit or restrict the individual from attending the
business symposium/event and making a presentation on the hiring of veterans.
Batt, 23-527
May 10, 2023
Page 2
Facts:
You request an advisory from the Commission on behalf of Brigadier General (PA)
Maureen Weigl ("Brig. Gen. Weigl") based upon submitted facts that may be fairly summarized
as follows.
Brig. Gen. Weigl retired from the U.S. Army in May 2016. Brig. Gen Weigl was appointed
as Deputy Adjutant General — Veterans Affairs of the Pennsylvania Department of Military and
Veterans Affairs on April 12, 2021.
Brig. Gen. Weigl has been friends with Mike Calomino ("Mr. Calomino") since high
school. Mr. Calomino is employed as Vice President — Academy & Industry Affairs for
Copperfield Chimney Supply, which has been described as the nation's leading supplier of
chimney and hearth products. In July 2023, Mr. Calomino will host a business symposium/event
("the Symposium") at three locations for business owners who are customers of Copperfield
Chimney Supply and for potential customers of Copperfield Chimney Supply. The Symposium
will be held in Scranton, Pennsylvania on July 13, in Asheville, North Carolina on July 20, and in
Reno, Nevada on July 27.
Mr. Calomino has asked Brig. Gen. Weigl to attend the Symposium as a subject matter
expert on the hiring of veterans. As the attendees at the Symposium would include business
owners who can hire employees, Mr. Calomino would like Brig. Gen. Weigl to make apresentation
on the topic of why veterans should be hired and the best process for hiring veterans.
You state that Brig. Gen. Weigl would appear and present at the Symposium in her private
capacity as a retired veteran of the U.S. Army and not in her official Commonwealth capacity as
Deputy Adjutant General — Veterans Affairs. Brig. Gen. Weigl would pay all costs, including
those for travel and lodging, associated with her attendance at the Symposium, and she would use
annual leave for any time that she would be absent from her Commonwealth obligations.
You seek guidance as to whether the Ethics Act would impose any prohibitions or
restrictions upon Brig. Gen. Weigl with regard to attending and making a presentation at the
Symposium.
Discussion:
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, the 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.
Section 1103(a) of the Ethics Act provides:
Batt, 23-527
May 10, 2023
Page 3
§ 1103. Restricted activities
(a) Conflict of interest. -- No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
65 Pa.C.S. § 1103(a).
The following terms related to Section 1103(a) are defined in the Ethics Act as follows:
§ 1102. Definitions
"Conflict" or "conflict of interest." Use by a public
official or public employee of the authority of his office or
employment or any confidential information received through his
holding public office or employment for the private pecuniary
benefit of himself, a member of his immediate family or a business
with which he or a member of his immediate family is associated.
The term does not include an action having a de minimis economic
impact or which affects to the same degree a class consisting of the
general public or a subclass consisting of an industry, occupation or
other group which includes the public official or public employee, a
member of his immediate family or a business with which he or a
member of his immediate family is associated.
"Authority of office or employment." The actual power
provided by law, the exercise of which is necessary to the
performance of duties and responsibilities unique to a particular
public office or position of public employment.
65 Pa.C.S. § 1102.
Subject to the statutory exclusions to the Ethics Act's definition of the term "conflict" or
"conflict of interest" (i.e., the "de minimis exclusion" or the "class/subclass exclusion"), 65
Pa.C.S. § 1102, a public official/public employee is prohibited from using the authority of public
office or confidential information received by holding such a public position for the private
pecuniary (financial) benefit of the public official/public employee himself, any member of his
immediate family, or a business with which he or a member of his immediate family is associated.
Conclusion:
In applying the above provisions of the Ethics Act to the instant matter, you are advised as
follows.
As Deputy Adjutant General — Veterans Affairs of the Pennsylvania Department of
Military and Veterans Affairs, Brig. Gen. Weigl is a public official/public employee subject to the
Batt, 23-527
May 10, 2023
Page 4
provisions of the Ethics Act. Based upon the submitted facts, Section 1103(a) of the Ethics Act
would not prohibit Brig. Gen. Weigl from attending and making a presentation at the Symposium
in that she is not using the authority of public office or confidential information received by holding
such a public position for the private pecuniary (financial) benefit of herself, any member of her
immediate family, or a business with which she or a member of her immediate family is associated.
Lastly, the propriety of the proposed conduct has only been addressed under the Ethics Act.
Pursuant to Section 1107(11) of the Ethics Act, an Advice 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, provided the requester 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.
Finally, if you disagree with this Advice or if you have any reason to challenge same, you
may appeal the Advice to the full Commission. A personal appearance before the Commission
will be scheduled and a formal Opinion will be issued by the Commission.
Any such appeal must be in writing and must be actually received at the Commission within
thirty (30) days of the date of this Advice pursuant to 51 Pa. Code § 13.2(h). The appeal may be
received at the Commission by hand delivery, United States mail, delivery service, or by FAX
transmission (717-787-0806). Failure to file such an appeal at the Commission within thirty (30)
days may result in the dismissal of the appeal.
Respectfully,
Bridget K. Guilfoyle
Chief Counsel