Gov. Rendell said this week he and Environmental Protection Secretary Kathleen A. McGinty and Conservation and Natural Resources Secretary Michael DiBerardinis will file a petition for review in Commonwealth Court of the May 1 opinions of the State Ethics Commission.

The Governor, McGinty and DiBerardinis have also asked the commission to stay the effects of the two opinions and, additionally, will ask Commonwealth Court for such a stay.

“I applaud the Senate for its vote to confirm both secretaries by overwhelming majorities following the Ethics Commission review,” Gov. Rendell said.

“We have always acted to guard the public trust in all public decisions, including grant approval processes,” the Governor said. “We took the Ethics Commission opinion very seriously and have put in place steps to provide additional review to avoid even the appearance of a conflict of interest, as broadly defined by the commission. In addition, we sent advice to more than 18,000 public officials and public employees covered by the Ethics Act and under the Governor’s jurisdiction.

“I appreciate that the commission produced the May 1 opinions in a few days at my request,” the Governor said. “But, in implementing the provisions of the opinions it became clear that, perhaps because of the expedited timeframe, the commission misinterpreted the Ethics Act. It is in everyone’s best interest that we have clear guidance from the courts on important legal interpretations and applications of the Ethics Act to restore the ability of public officials and employees to conduct orderly and efficient business of the commonwealth for the public interest.

“The inappropriately broad opinions are severely compromising the ability of state agencies to fulfill their missions and do the business of the people. These opinions are affecting much more than DEP and DCNR. They are slowing down the operation of state government in general. Not only are the opinions burdensome, but they set an impossible standard that is new and without precedent.”

The opinions are having unintended consequences beyond what the commission may have considered. It is important to note that many public officials, employees and their families share a passion for civic service and assume leadership responsibilities in volunteer organizations.

For example, DCNR employees often serve their local volunteer fire companies. Under the commission’s opinions, if a spouse, child, parent or sibling of a DCNR employee were associated with a volunteer fire company that competes with other volunteer fire companies as an applicant for funding from DCNR, that employee could not participate in the process of providing funding to any of such volunteer fire company applicants.

The opinions go even further. If a DCNR employee’s immediate family member or his employer provides supplies or services to a volunteer fire company, the public employee could not be involved in any grant or other program or process that might involve a benefit to that fire company.

“These examples illustrate the kind of disruption that the commission’s opinions can cause to an agency and the public interest,” Gov. Rendell said. “The opinions also create a great deal of uncertainty among public officials and public employees regarding the scope of conflicts respecting ‘clients’ or ‘customers’ of immediate family members and the businesses with which they are associated and how this information can be maintained so that it is always current and accurate.”

NewsClip: Rendell Appeals Ethics Ruling on Family Ties to State Grants

Links: Ethics Panel Rules Against Rendell Nominees

6/1/2007