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Home My WebLink About25-541 McGrogan 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 26, 2025 To the Requester: Nicole McGrogan 25-541 Dear Ms. McGrogan: This responds to yourletter received September 15, 2025, by which you requested an advisory 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 individualemployed as a Public Health Program Director/Director of the Division of Communicable Disease Field Services within the Bureau of Communicable Diseases of the Pennsylvania Department of Health (“Department of Health”), who in a private capacity is pursuing a Doctorate in Nursing Practice through Chamberlain University, with regard to completing a practicumproject with the Department of Health outside of her 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 her Commonwealth work hours and that the individual would not use Commonwealth subordinate staff, facilities or equipment, or confidential information received as a result of being in her public position, in furtherance of her work on the practicum project. Facts: Yourequest an advisory from the Commission based upon the following submitted facts. McGrogan, 25-541 September 26, 2025 Page 2 You are employed as a Public Health Program Director/Director of the Division of Communicable Disease Field Services within the Bureau of Communicable Diseases of the Department of Health.You have submitted a copy of your official Commonwealth position description, which document is incorporated herein by reference. In a private capacity, you are pursuing a Doctorate in Nursing Practice with a focus on Executive Administration through Chamberlain University. You wish to complete your practicum project at the Department of Health. The purpose of your practicum project would be to implement an evidence-based intervention within the Department of Health to assist nurses during their communicable disease investigation interviews, which would ultimately lead to healthier patient outcomes and an increase in linkage to care. Your practicum project would be completed outside of work hours with a mentor in a different Bureau in the Department of Health. Your work would not benefit your Commonwealth employment but rather would benefit the Commonwealth. The Department of Health would have you sign an assurance document to ensure that you would not use your Commonwealth employment to benefit the practicum project and that the practicum project would be completed outside of your Commonwealth employment. 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). 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 McGrogan, 25-541 September 26, 2025 Page 3 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 a Public Health Program Director/Director of the Division of Communicable Disease Field Services within the Bureau of Communicable Diseases of the Department of Health, 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 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 subordinate 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. McGrogan,25-541 September 26, 2025 Page 4 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