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HomeMy WebLinkAbout85-542 TeetsMr. Carlos Teets 51 Third Avenue Lehighton, PA 18235 Re: Member, Municipal Water Authority, Subsequent Employment with Authority Dear Mr. Teets: STATE ETHICS COMMISSION 308 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 1 71 08 -1 470 TELEPHONE (717) 783 -1610 May 1, 1985 ADVICE OF COUNSEL 85 -542 This responds to your letter of April 16, 1985, wherein you requested the advice of the State Ethics Commission. Issue: Whether you may obtain employment with a municiapal water authority after you resign your position as a member of that authority. Facts: You are a member of the Lehighton Water Authority and you will be resigning your position as such. You indicate that you may be seeking employment with the authority and you ask what, if any, restrictions are imposed upon you by virtue of the State Ethics Act. Discussion: At the outset, it should be noted that the State Ethics Commission may only address the question presented within the purview of the State Ethics Act. This advice will not review this issue under any other statute, regulation or code. As a member of the Lehighton Municipal Water Authority, you are a public official as that term is defined in the State Ethics Act. 65 P.S. §401; Forney v. State Ethics Commission, 56 Pa. Commw. 539, 425 A.2d 66, (1981). As such, your conduct must conform to the requirements of the State Ethics Act. In relation to former public officials, which you will become upon the termination of your service as an authority member, the Ethics Act provides that: Mr. Carlos Teets May 1, 1985 Page 2 Section 3. Restricted activities. (e) No former official or public employee shall represent a person, with or without compensation, on any matter before the governmental body with which he has been associated for one year after he leaves that body. 65 P.S. 403(e). Generally, under this provision of law, a former public official would he prohibited from representing a person, or entity before his governmental body for a period of one year after such employment is terminated. In relation to this restriction, the Commission has determined that when such a former official or employee obtains employment with another governmental body or on a different level of government, the above restriction would not be applicable. Hagen, 84 -019; Pinto, 84 -021. The Commission has _also determined that when a public official employee transfers positions within a governmental system they do not become a former governmental employee or official. Gray, 83 -596; Cohen, 79 -045. In light of these decisions, there would be no 3(e) restriction upon your employment. This is so especially in light of the fact that you, in this employment, would still be representing the authority rather than any private interest. In addition to the foregoing, we must also review this situation in light of several other provisions of the Ethics Act. Generally, the Act provides that: Section 3. Restricted activities. (a) No public official or public employee shall use his public office or any confidential information received through his holding public office to obtain financial gain other than compensation provided by law for himself, a member of his immediate family, or a business with which he is associated. 65 P.S. 403(a). Within this provision of the Act you may not use your current position as a member of the authority or any confidential information obtained therefrom to obtain financial gain not provided for by law. Thus, you may not for example vote or participate to any extent in the authorities decision with regard to this position or the compensation to be paid. In addition thereto, if the Mr. Carlos Teets May 1, 1985 Page 3 position for which you will apply was specially created or if, while you were a member of the authority, any other authority action has been taken specifically in relation to this particular position that inures to the benefit of the employee in this position you would be prohibited from obtaining said position. This would be so not only under Section 403(a) above but also under the provisions of the Act which permits the State Ethics Commission to address other areas of possible conflicts. The Ethics Act also provides that: Section 3. Restricted activities. (b) No person shall offer or give to a public official or public employee or candidate for public office or a member of his immediate family or a business with which he is associated, and no public official or public employee or candidate for public office shall solicit or accept, anything of value, including a gift, loan, political contribution, reward, or promise of future employment based on any understanding that the vote, official action, or judgment of the public official or public employee or candidate for public office would be influenced thereby. 65 P.S. 403(b). In this respect, there may be no offer or acceptance of anything of value in order to secure this position. We make reference to this section of the law not to imply that there has or will be any violation thereof, but rather to give a complete response to you in relation to this issue. Finally, as noted previously, the Commission may address other areas of possible conflict. Within this provision of law, a public official must avoid conflicts of interest as well as the appearance of such conflicts. 65 P.S. 5401. Such a conflict arises when an individual serves one or more adverse interest. Alfano, 80 -007. While the Commission cannot envision every situation wherein such a conflict exists, you are cautioned as to this provision and in the event that such a situation arises you may want to seek further advice under the Ethics Act. Conclusion: The Ethics Act places no per se prohibition to your subsequent employment with the authority after your resignation. As a public official your conduct must conform to the requirements of the Ethics Act as outlined above. Mr. Carlos Teets May 1, 1985 Page 4 Pursuant to Section 7(9)(ii), this 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, providing the requestor 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 request that the full Commission review this Advice. A personal appearance before the Commission will be scheduled and a formal Opinion from the Commission will be issued. Any such appeal must be made, in writing, to the Commission within 15 days of service of this Advice pursuant to 51 Pa. Code 2.12. JJC /sfbd Sincerely, John ntino General Counsel