City council members met as a committee of the whole to participate in a regular ethics seminar June 21, delivered virtually by Jeffery S. Frankenburger, supervising investigative counsel for Pennsylvania’s State Ethics Commission. This commission has three primary functions: statements of financial interests, advice and opinions, and finally, investigations. All of these functions are key to looking at elements of conflict of interests by either public officials or public employees of the state that are brought to the commission’s attention.

The role and responsibilities of public officials and public employees are not to be taken for granted. Transparency is key and the rules pertaining to potential conflict of interest situations and retaining the trust of the citizens. As Frankenburger explained, public officials are defined as individuals either elected by the public, appointed by either a government body or appointed official. A public employee is employed by the Commonwealth or a political subdivision, and whose purview includes contracting or procurement, administrating or monitoring grants or subsidies, as well as planning or zoning, inspecting, licensing, regulating or auditing any person who may benefit economically. An interesting loophole is that although a public official cannot use his/her position for financial gain or the financial gain of any immediate family member, there is nothing explicit written about extended family members.

The ethics seminar closely examined the Conflict of Interest – Ethics Act Definition with Frankenburger, who provided a PowerPoint on the main themes as points of discussion with the members of the Committee of the Whole. The main point of concern was: use of authority of office or confidential information for the private pecuniary benefit themselves, member of their immediate family or a business with which they are associated. Bribery and improper use of influence due to one’s position were the main underlining themes of the presentation. Frankeburger also pointed out that when an investigation is underway, the proceedings, records, as well as the identity of the complainant are confidential. Only the final order is a matter of public record.

To put things into perspective on the effectiveness of the state’s Ethics Commission, in the period of 2015-2020, 451 advices/opinions were issued. Should it be of interest, a PowerPoint copy of Frankenburger’s presentation can be found at bethlehem-pa.gov.