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HomeMy WebLinkAbout85-583 WatsonMr. Joe Watson R.D. #1, Box 130 Austin, PA 16720 Dear Mr. Watson: STATE ETHICS COMMISSION 308 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 September 18, 1985 ADVICE OF COUNSEL 85 -583 Re: Former Township Supervisor, Subsequent Employment with Township This responds to your letter, wherein you requested the advice of the State Ethics Commission. Issue: Whether you may become employed by the township on a part -time basis after you terminate your position as a supervisor of that township. Facts: You recently resigned as a member of the Township Board of Supervisors, Summit Township, Potter County, Pennsylvania. The township is now seeking someone to perform certain work on the township roads. You own a backhoe and the township has requested you to perform this work. You ask whether there is any prohibition under the Ethics Act on this activity. Discussion: As a township supervisor, you were a public official as that term is defined in the State Ethics Act. 65 P.S. §402. As such, your conduct must conform to the requirements of the Act. Sowers, 80 -050. In relation to former public officials, which you will become upon the termination of your service as supervisor, the Ethics Act provides that: 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). Mr. Joe Watson September 18, 1985 Page 2 Generally, under this provision of law, a former public official would be 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 or employee transfers positions within a governmental system, they do not become a former governmental employee or official. Gray, 83 -596; Cohen, 79 -045. The Commission has not, at this time, issued any ruling that would indicate that obtaining employment with a governmental body subsequent to resigning from that body is within the above prohibition. That prohibition would appear to restrict your representation of another person or entity before that body for a period of one year after you terminate your service with the township. If additional advice is needed in this respect, you may contact the Commission at a future time. The work that you now seek to perform, however, does not appear to be prohibited by Section 3(e). See Teets, 85 -542; Blumling, No. 388. In addition to the foregoing, the Ethics Commission may address other areas of possible conflict. 65 P.S. §403(d). The parameters of the type of activity encompassed by this provision are generally reviewed in light of the preamble to the Ethics Act which enunciates the legislative intent of the Act. A public official or employee, pursuant to this provision, is to ensure that their personal financial interests present neither a conflict nor the appearance of a conflict with the public trust. 65 P.S. §401. Such a conflict may exist where an individual represents one or more adverse interests, Alfano, 80 -007; where an individual serves in positions that are incompatible or conflicting, Nelson, 85 -009; or where such an official or employee accepts compensation to which he is not entitled Domalakes, 85 -010. In order to avoid the appearance of such a conflict of interest, it is advised that the board of supervisors advertise for this work. In this respect, it will not be perceived that you are using your former association with the board of supervisors to obtain this work. Mr. Joe Watson September 18, 1985 Page 3 Conclusion: The Ethics Act places no per se prohibition to your subsequent employment by the township after your resignation. As a former public official your conduct must conform to the requirements of the Ehtics Act as outlined above. 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 /sfb Sinc o n J 'onti Gene al Counsel