HomeMy WebLinkAbout23-556 Williamson
PHONE: 717-783-1610 STATE ETHICS COMMISSION FACSIMILE: 717-787-0806
TOLL FREE: 1-800-932-0936 FINANCE BUILDING WEBSITE: www.ethics.pa.gov
613 NORTH STREET, ROOM 309
HARRISBURG, PA 17120-0400
ADVICE OF COUNSEL
December 12, 2023
To the Requester:
Ed Williamson
23-556
Dear Mr. Williamson:
This responds to your emails received November 9, 2023, by which you requested an
advisory from the Pennsylvania State Ethics Commission (“Commission”), seeking guidance as
to the issue presented below:
Issue:
Whether an individual serving as aschool director for a school district would have a
conflict of interest pursuant to Section 1103(a) of the Public Official and Employee Ethics
Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), with regard to performing the duties of his public
position as a school director as a result of his service, in his private capacity, as a member
of the advisory committee for a catholic school located in a different school district.
Brief Answer: NO. Under the submitted facts, the individual’s service as a member of the
advisory committee for the catholic school would not cause him to have a conflict of
interest with regard to performing the duties of his public position as a school director for
the school district.
Facts:
You were sworn into office as a School Director for the Conneaut Area School District on
December 6, 2023. In a private capacity, you are a member of the advisory committee for Seton
Catholic School, a private school for grades K-8 which is located within the boundaries of the
Crawford Central School District. The Diocese of Erie makes all financial and legal decisions for
Seton Catholic School. Conneaut Area School District provides no funding to Seton Catholic
School.
Williamson, 23-556
December 12, 2023
Page 2
The question that is presented by your advisory request is whether you would have a
conflict of interest with regard to performing the duties of your public position as a School Director
for the Conneaut Area School District as a result of your service as a member of the advisory
committee for Seton Catholic School.
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:
§ 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
Williamson, 23-556
December 12, 2023
Page 3
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,” 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.
The use of authority of office is not limited merely to voting but extends to any use of
authority of office including, but not limited to, discussing, conferring with others, and lobbying
for a particular result. Juliante, Order 809.
In each instance of a conflict of interest, a public official/public employee would be required
to abstain from participation, which would includevoting unless one of the statutory exceptions
of Section 1103(j) of the Ethics Act would be applicable. Additionally, the disclosure
requirements of Section 1103(j) of the Ethics Act would have to be satisfied in the event of a voting
conflict.
Conclusion:
In applying the above provisions of the Ethics Act to the instant matter, you are advised as
follows.
As a School Director for the Conneaut Area School District, you are a public official
subject to the provisions of the Ethics Act. The Ethics Act does not prohibit you from having
outside business activities or serving in a private capacity in a relationship with an entity, such as
serving as a member of the advisory committee for Seton Catholic School.
Pursuant to Section 1103(a) of the Ethics Act, you generally would have a conflict of
interest in matters as a School Director for the Conneaut Area School District that would
financially impact you, a member of your immediate family, or a business with which you or a
member of your immediate family is associated. There is no basis in the submitted facts to
conclude that your service as a member of the advisory committee for Seton Catholic School would
cause you to have a conflict of interest with regard to performing the duties of your public position
as a School Director for the Conneaut Area School District.
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.
Williamson, 23-556
December 12, 2023
Page 4
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 receivedat 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