BETHLEHEM, Pa. — A state ethics official on Tuesday told Bethlehem City Council members her goal was to keep them and other public officials statewide “out of the newspapers and out of jail.”
City Council in 2017 adopted an ordinance calling for “periodic” ethics training for its members, according to current Council President Michael Colón.
Mary Fox, executive director of the State Ethics Commission, said her team gets about 400 complaints a year from the public.
Visit ethics.pa.gov or call 717-783-1610 to consult the State Ethics Commission.
“If you have a specific question that might apply to you, please call us,” Fox said.
“We have some great attorneys on staff. They field calls all the time from public officials, public employees and members of the general public talking about the Ethics Act and its parameters — so we’re here to help you.”
Visit ethics.pa.gov or call 717-783-1610 for more information.
The Ethics Act
Fox was on tap virtually Tuesday for a brief review of the Pennsylvania Public Official and Employees Ethics Act alongside council members and the public.
The State Ethics Commission, according to Fox, is an independent, nonpartisan agency not operating under the governor nor the general assembly.
It’s an administrative body made up of seven commissioners, with three appointed by the governor, two by the state House of Representatives and two by the state Senate.
The group does investigations “when people mess up,” and offers advice and opinions for panels such as Bethlehem City Council, Fox said.
“Our core mission and our guiding principles set forth right in our law, and it is that public office is a public trust. … Any effort to realize personal financial gain through one’s public office is a violation of that trust.”State Ethics Commission Executive Director Mary Fox
“Our core mission and our guiding principles set forth right in our law, and it is that public office is a public trust,” she said.
“Any effort to realize personal financial gain through one’s public office is a violation of that trust.”
The commission holds jurisdiction over public officials (people elected by the public or appointed by a governmental body) and public employees (those employed by the Commonwealth or a political subgroup).
It also oversees the process behind the filing of financial interest statements.
Highlighting conflicts of interest
Conflict of interest cases make up a great deal of the commission’s work, Fox said.
The respective provision, 1103(a), is relatively general in its language, Fox said.
But a governmental conflict of interest can be identified under cases involving someone abusing their authority of office; acting or voting in a certain way because of a private financial benefit; nepotism from hiring an immediate family member or associated business; and taking actions to gain some kind of external profit while on the clock.
“If everybody out in the world can do it, too, it’s not going to be use of authority of office,” Fox said. “It’s something that’s special because of the position that they’re in.”
Conflict exceptions
Two major exceptions to those conflicts of interest can include actions with a “de minimis” economic impact and actions or votes that generally will affect the representative and public in the same way.
Fox said there’s no magic number surrounding a “de minimis” ruling, especially considering inflation, but $500-$700 is a rough range with which the commission works, she said.
“If you’re accepting something, or you’re taking action and somebody’s getting a few hundred dollars, I’d be very wary of that action. And you might want to consider abstaining.”State Ethics Commission Executive Director Mary Fox
“If you’re accepting something, or you’re taking action and somebody’s getting a few hundred dollars, I’d be very wary of that action,” Fox said.
“And you might want to consider abstaining.”
On nepotism, gifts, assets
Regarding nepotism, the Ethics Act doesn’t prohibit family members from working together at the same governmental entity.
But it does allow governmental bodies to create their own policies that are potentially stricter than the act.
“For example, if you’re a public official, you can’t hire your kid to work at your public body,” Fox said.
“You can’t vote to give them a raise, unless it's going to fall with class-subclass exception and everybody’s getting the raise.
"You can’t vote to give them benefits that other people aren’t eligible for.”
“If you are thinking that you might want to borrow the city’s backhoe to do work at your house, or if you think maybe the city has a computer program that they paid for that might really help out your private business — I urge you to think twice and don’t do that."State Ethics Commission Executive Director Mary Fox
She said council members should avoid taking action or inaction based on provided gifts, transportation, lodging and hospitality.
If those amenities tally up to a certain amount and cross disclosure thresholds, officials are required to list them on their financial interest statements.
She advised council members to avoid using government assets for personal interests.
“If you are thinking that you might want to borrow the city’s backhoe to do work at your house, or if you think maybe the city has a computer program that they paid for that might really help out your private business — I urge you to think twice and don’t do that,” Fox said.
Questions from council
A few council members had their own questions for Fox, involving both abstaining from votes including family and providing a written memo of a conflict of interest ahead of a vote and abstaining when that time comes.
Here’s a look at that dialogue.
