HomeMy WebLinkAbout25-532 Boney
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
August 8, 2025
To the Requester:
Michelle Boney
25-532
Dear Ms. Boney:
This responds to your Financial Disclosure Appeal Formreceived August 4, 2025, which
will be treated as a request for an advisory from the Pennsylvania State Ethics Commission
(“Commission”) as to the issue presented below:
Issue:
Whether, as an Information Technology Generalist Administrator 1 (job code 01544)with
the Employment, Banking and Revenue Delivery Center under the Governor’s Office of
Administration(“OA”), you area “public employee” subject to the Public Official and
Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., and the Regulations of the
State Ethics Commission, 51 Pa. Code § 11.1 etseq., and particularly, the requirements for
filing Statements of Financial Interests.
Brief Answer: YES.Upon review of the position descriptionfor your Commonwealth
position and the job classification specifications under job code 01544, as an Information
Technology Generalist Administrator 1 with the Employment, Banking and Revenue
Delivery Center under OA, you are a “public employee” subject to the provisions of the
Ethics Act and the Regulations of the State Ethics Commission, and you are therefore
required to file Statements of Financial Interests pursuant to the Ethics Act.
Facts:
You seek a determination as to whether, as an Information Technology Generalist
Administrator 1 (job code 01544) with the Employment, Banking and Revenue Delivery Center
under OA, you area “public employee” subject to the Ethics Act and the Regulations of the State
Ethics Commission, and in particular, the requirements for filing Statements of Financial Interests.
Boney,25-532
August 8, 2025
Page 2
You have submitted a copy of a position description (the “Position Description”)for your
Commonwealth position, which document is incorporated herein by reference.A copy of the job
classification specifications for the position of Information Technology Generalist Administrator
1 (job code 01544) has been obtained and is also incorporated herein by reference.
Per the Position Description, an Information Technology Generalist Administrator 1 serves
as the Team Lead for the Workstation Configuration and Systems Management Group within the
EBR Technical Services Office. An individual employed in this position provides technical
guidance and coordination for workstation imaging, configuration management, and enterprise
systems administration. The duties of an Information Technology Generalist Administrator 1
include the following:
Providing technical guidance to staff responsible for workstation configuration
management, image deployment, and enterprise system administration;
Developing and maintaining enterprise workstation images using System Center
Configuration Manager (“SCCM”) in alignment with the Systems Management
Supervisor’s directives;
Ensuring that all imaging and deployment strategies align with organizational
security policies, operational standards, and best practices;
Assisting in defining workstation configuration policies, and enforcing Group
Policy Objects to ensure compliance and security;
Supporting patch management, operating system updates, and software
deployments across all EBR-supported agencies;
Evaluating emerging technologies and providing recommendations to the Systems
Management Supervisor;
Serving as a subject matter expert in SCCM administration, assisting with the
deployment and maintenance of applications, updates, and security patches;
Monitoring SCCM system health, troubleshooting issues related to software
distribution, inventory reporting, and network deployments;
Assisting in ensuring remote management capabilities for troubleshooting and
support of distributed workstations;
Supporting Active Directory configurations as they relate to workstation
deployments, access controls, and security enforcement;
Providing technical coordination and guidance on workstation-related tasks,
ensuring alignment with priorities set by the Systems Management Supervisor;
Developing and maintaining documentation related to workstation configuration,
system administration processes, and troubleshooting procedures;
Collaborating with Help Desk, Workstation Operations Teams, Server, and
Network teams to provide technical expertise, assist in troubleshooting efforts, and
ensure consistent implementation of workstation policies and configurations
without assuming operational oversight;
Facilitating communication and coordination between workstation support and
other IT teams to improve troubleshooting efficiency and reduce system downtime;
Assisting in implementing hard drive encryption strategies and security
enforcement mechanisms;
Boney, 25-532
August 8, 2025
Page 3
Ensuring all workstations and enterprise configurations comply with regulatory and
security standards; and
Supporting audits, risk assessments, and security policy enforcement as directed by
the Systems Management Supervisor.
Position Description, at 1-2. Per the Position Description,a key responsibility of an Information
Technology Generalist Administrator 1 is evaluating and recommending new technologies aimed
at enhancing efficiency, reducing costs, and improving security.
Per the job classification specificationsunder job code 01544, the work of an Information
Technology Generalist Administrator 1may include procurement, planning, training, project
management support, quality assurance/quality management, release management, asset
management, or technical writing. The examples of work performed by an Information
Technology Generalist Administrator 1 include the following:
Manages complex procurement assignments that may include hardware, software,
training, and services affecting multiple program areasor locations;
Serves as the chairperson of request for proposal and request for quote committees;
Develops contract specifications and oversees the work of contractors in
accordance with specifications;
Develops the IT strategic plan through coordination with agency managers to align
IT systems with the agency’s mission;
Identifies and researches the need for changes and reviews and approves
recommendations from lower level staff for changes to the IT system or
environment;
Develops and administers the IT component of the agency’s continuity of
government and disaster recovery plans, plans and organizes IT continuity of
government tests, and coordinates IT asset recovery and replacement;
Supervises the assessment, development, delivery, and facilitation of formal
classroom and informal IT training programs for users;
Supervises staff involved in technical or advanced technical project management
support functions;
Defines quality assurance standards and establishes and implements a quality
assurance and compliance process;
Coordinates or performs root cause analysis and resolves highly complex issues
that involve multiple IT areas;
Manages the integrated release management process from planning to production,
including determining the scope for all features and functionality for inclusion in
all releases, developing and communicating schedules and the status of all releases,
and conducting meetings with stakeholders to plan and manage all aspects of the
product release process;
Creates and maintains detailed release plans and procedures that reflect how each
release will be incorporated into the existing environment and manages the risks
and dependencies across all applications;
Develops, reviews, and modifies the IT asset management plan;
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August 8, 2025
Page 4
Manages the technical writing function, including overseeing the standards and
guidelines for an agency;
Directs IT projects that require making technical architecture determinations and
implementing technical solutions requiring the integration of IT functions; and
Functions as a lead worker for advanced technical IT work by assigning and
reviewing work, training employees, and performing quality control functions for
the work.
Job classification specifications (job code 01544), at 1-2.
On your Financial Disclosure Appeal Form, you state that your job duties do not include
any purchasing, procurement, or financial decision-making responsibilities. You further state that
you do not possess any purchasing power and that you are not involved in budgetary allocations
or contract management.
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, 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 of the 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 of the material facts.
Section 1104(a) of the Ethics Act provides, in pertinent part, that each public official and
public employee of the Commonwealth must file a Statement of Financial Interests for the
preceding calendar year by May 1 of each year that he holds the position and the year after he
leaves the position:
§ 1104. Statement of financial interests required to be filed
(a) Public official or public employee.--Each public
official of the Commonwealth shall file a statement of financial
interests for the preceding calendar year with the commission no
later than May 1 of each year that he holds such a position and of
the year after he leaves such a position. Each public employee and
public official of the Commonwealth shall file a statement of
financial interests for the preceding calendar year with the
department, agency, body or bureau in which he is employed or to
which he is appointed or elected no later than May 1 of each year
that he holds such a position and of the year after he leaves such a
position. Any other public employee or public official shall file a
statement of financial interests with the governing authority of the
political subdivision by which he is employed or within which he is
appointed or elected no later than May 1 of each year that he holds
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August 8, 2025
Page 5
such a position and of the year after he leaves such a position.
Persons who are full-time or part-time solicitors for political
subdivisions are required to file under this section.
65 Pa.C.S. § 1104(a)(Emphasis added).
The Ethics Act defines the term “public employee” as follows:
§ 1102. Definitions
“Public employee.”Any individual employed by the
Commonwealth or a political subdivision who is responsible for
taking or recommending official action of a nonministerial nature
with regard to:
(1) contracting or procurement;
(2) administering or monitoring grants or subsidies;
(3) planning or zoning;
(4) inspecting, licensing, regulating or auditing any
person; or
(5) any other activity where the official action has an
economic impact of greater than a de minimis nature
on the interests of any person.
The term shall not include individuals who are employed by this
Commonwealth or any political subdivision thereof in teaching as
distinguished from administrative duties.
65 Pa.C.S. § 1102.
The Regulations of the State Ethics Commission similarly define the term “public
employee” and set forth the following additional criteria:
(ii) The following criteria will be used, in part, to determine whether
an individual is within the definition of “public employe”:
(A) The individual normally performs his responsibility in the field
without onsite supervision.
(B) The individual is the immediate supervisor of a person who
normally performs his responsibility in the field without
onsite supervision.
(C) The individual is the supervisor of a highest level field
office.
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August 8, 2025
Page 6
(D) The individual has the authority to make final decisions.
(E)The individual has the authority to forward or stop
recommendations from being sent to the person or body with
the authority to make final decisions.
(F) The individual prepares or supervises the preparation of final
recommendations.
(G) The individual makes final technical recommendations.
(H) The individual’s recommendations or actions are an inherent
and recurring part of his position.
(I) The individual’s recommendations or actions affect
organizations other than his own organization.
(iii) The term does not include individuals who are employed by the
Commonwealth or a political subdivision of the Commonwealth in
teaching as distinguished from administrative duties.
(iv) Persons in the following positions are generally considered public
employes:
(A) Executive and special directors or assistants reporting
directly to the agency head or governing body.
(B)Commonwealth bureau directors, division chiefs or heads of
equivalent organization elements and other governmental
body department heads.
(C) Staff attorneys engaged in representing the department,
agency or other governmental bodies.
(D) Engineers, managers and secretary-treasurers acting as
managers, police chiefs, chief clerks, chief purchasing
agents, grant and contract managers, administrative officers,
housing and building inspectors, investigators, auditors,
sewer enforcement officers and zoning officers in all
governmental bodies.
(E) Court administrators, assistants for fiscal affairs and
deputies for the minor judiciary.
(F) School superintendents, assistant superintendents, school
business managers and principals.
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August 8, 2025
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(G) Persons who report directly to heads of executive, legislative
and independent agencies, boards and commissions except
clerical personnel.
(v) Persons in the following positions are generally not considered
public employes:
(A)City clerks, other clerical staff, road masters, secretaries,
police officers, maintenance workers, construction workers,
equipment operators and recreation directors.
(B)Law clerks, court criers, court reporters, probation officers,
security guards and writ servers.
(C) School teachers and clerks of the schools.
51 Pa. Code § 11.1.
The following terms are relevant to your inquiry and are defined in the Ethics Act as
follows:
§ 1102. Definitions
“Ministerial action.” An action that a person performs in a
prescribed manner in obedience to the mandate of legal authority,
without regard to or the exercise of the person’s own judgment as to
the desirability of the action being taken.
“Nonministerial actions.”An action in which the person
exercises his own judgment as to the desirability of the action taken.
65 Pa.C.S. § 1102.
Status as a “public employee” subject to the Ethics Act is determined by an objective test.
The objective test applies the Ethics Act’s definition of the term “public employee” and the related
regulatory criteria to the powers and duties of the position itself. Typically, the powers and duties
of the position are established by objective sources that define the position, such as the job
description, job classification specifications, and organizational chart. The objective test considers
what an individual has the authority to do in a given position based upon these objective sources,
rather than the variable functions that the individual may actually perform in the position. See,
Phillips v. State Ethics Commission, 470 A.2d 659 (Pa. Cmwlth. 1984); Eiben, Opinion 04-002;
Shienvold, Opinion 04-001; Shearer, Opinion 03-011. The Commonwealth Court of Pennsylvania
has specifically considered and approved this Commission’s objective test and has directed that
coverage under the Ethics Act be construed broadly and that exclusions under the Ethics Act be
construed narrowly. See, Quaglia v. State Ethics Commission, 986 A.2d 974 (Pa. Cmwlth. 2010),
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August 8, 2025
Page 8
amended by, 2010 Pa. Commw. LEXIS 8 (Pa. Cmwlth. January 5, 2010), allocatordenied, 607
Pa. 708, 4 A.3d 1056 (2010); Phillips, supra.
The first portion of the statutory definition of “public employee” includes individuals with
authority to take or recommend official action of a nonministerial nature. 65 Pa.C.S. § 1102.
Likewise, the regulatory criteria for determining status as a public employee, as set forth in 51 Pa.
Code § 11.1 (“public employee”)(ii), include not only individuals with authority to make final
decisions but also individuals with authority to forward or stop recommendations from being sent
to final decision-makers; individuals who prepare or supervise the preparation of final
recommendations; individuals who make final technical recommendations; and individuals whose
recommendations are an inherent and recurring part of their positions. See, e.g., Reese/Gilliland,
Opinion 05-005.
Conclusion:
In applying the objective test in the instant matter, the necessary conclusion is that in your
capacity as an Information Technology Generalist Administrator 1 (job code 01544) with the
Employment, Banking and Revenue Delivery Center under OA, you are a “public employee” subject
to the Ethics Act.
It is clear that as an Information Technology Generalist Administrator 1 under job code
01544, you have the ability to take or recommend official action of a nonministerial nature with
respect to subparagraphs (1) and (5) within the definition of “public employee” as set forth in the
Ethics Act, 65 Pa.C.S. § 1102. Specifically, your authority to:
Evaluate and recommend new technologies aimed at enhancing efficiency,
reducing costs, and improving security;
Manage complex procurement assignments that may include hardware, software,
training, and services affecting multiple programs or areas;
Serve as the chairperson of request for proposal and request for quote committees;
Develop contract specifications and oversee the work of contractors in accordance
with specifications; and
Develop, review, and modify the IT asset management plan,
would be sufficient to establish your status as a “public employee” subject to the Ethics Act. The
foregoing duties/authority would also meet the criteria for determining your status as a public
employee under the Regulations of the State Ethics Commission,specifically at 51 Pa. Code § 11.1,
“public employee,” subparagraphs (i) and (ii).
Therefore, you are advised that as an Information Technology Generalist Administrator 1
(job code 01544) with the Employment, Banking and Revenue Delivery Centerunder OA, you are
a “public employee” subject to the provisions of the Ethics Act, and you are therefore required to
file Statements of Financial Interests pursuant to 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
Boney, 25-532
August 8, 2025
Page 9
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 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