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Home My WebLink About25-539 Malomo 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 September 16, 2025 To the Requester: Monisola Malomo 25-539 Dear Mr. Malomo: This responds to your letter dated September 2, 2025, by which you requested anadvisory from the Pennsylvania State Ethics Commission (“Commission”), seeking guidance as to the issue presented below: Issue: Whetherthe Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would impose prohibitions or restrictions upon an individual employed as an Epidemiologist with the Pennsylvania Department of Health (“Department of Health”), Bureau of Epidemiology, who in a private capacity is a student in the Doctor of Public Health program at Johns Hopkins University, with regard to completing a practicum project that would involve working with data from the Pennsylvania Health Care Cost Containment Council outside of his normal work hours. Brief Answer:Section 1103(a) of the Ethics Act, pertaining to conflict of interest, would not prohibit the individual from completing the practicum project subject to the conditions that the individual would work on the practicum project outside of his Commonwealth work hours and that the individual would not use Commonwealth staff, facilities or equipment, or confidential information received as a result of being in his public position, in furtherance of his work on the practicum project. Facts: Yourequest an advisory from the Commission based upon the following submitted facts. Malomo, 25-539 September 16, 2025 Page 2 You are employed as an Epidemiologist with the Department of Health in the Bureau of Epidemiology. You are also a student in the Doctor of Public Health program at Johns Hopkins University. A student in this program is required to complete a practicum, preferably at the student’s place of employment. The purpose of the practicum is to further develop the student’s leadership skills and to have the student apply practical knowledge in the area of specialization through a practice-based project that benefits the public health organization and advances public health practice. You are in the process of arranging a practicum, and you wish to complete your practicum at the Department of Health in the Bureau of Epidemiology on a project related to HIV surveillance and epidemiology. As part of the project, you plan to work with inpatient discharge data and ambulatory/outpatient procedure data from the Pennsylvania Health Care Cost Containment Council. This data differs from the HIV surveillance data collected by the Department of Health in that it provides information on HIV-related hospitalizations in Pennsylvania and the costs and quality of care associated with them. The practicum project would provide the Commonwealth with additional information on the care continuum of its residents who have been diagnosed with HIV, including recent information about hospitalizations of people diagnosed with HIV, and this information may assist healthcare providers in improving service delivery and encouraging prevention efforts. You are required to invest a minimum of 100 hours in your practicum project. You plan to work on your practicum project outside of your normal work hours at the Department of Health, and you would like to complete your practicum project by October 2025. You seek guidance as to whether the Ethics Act would impose any prohibitions or restrictions upon you with regard to completing your proposed practicum project. 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. Section1103(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). Malomo, 25-539 September 16, 2025 Page 3 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” and 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 employeehimself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. In each instance of a conflict of interest, the public official/public employee would be required to abstain from participation. The abstention requirement would extend 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. Conclusion: In applying the above provisions of the Ethics Act to the instant matter, you are advised as follows. As an Epidemiologist with the Department of Health, Bureau of Epidemiology, you are a public employee subject to the provisions of the Ethics Act. Pursuant to Section 1103(a) of the Ethics Act, you would be prohibited from using the authority of your public position or confidential information received by being in your public position for the private pecuniary (financial) benefit of yourself, a member of your immediate family, or a business with which you or a member of Malomo,25-539 September 16, 2025 Page 4 your immediate family is associated. Section 1103(a) would not prohibit you from completing your proposed practicum project subject to the conditions that you would work on the practicum project outside of your Commonwealth work hours and that you would not use Commonwealth staff, facilities or equipment, or confidential information received as a result of being in your public position, in furtherance of your work on the practicum project. 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 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