HomeMy WebLinkAbout84-530 BoltzMr. Robert W. Boltz
RD #1, Box 248
Bainbridge, PA 17502
RE: Former Public employee; Workshop; Intermediate Unit
Dear Mr. Boltz:
Ma.mg Address.
STATE ETHICS COMMISSION
P.O. BOX 1179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
February 23, 1984
ADVICE OF COUNSEL
84 -530
This responds to your letter of January 13, 1984, in which you requested
advice from the State Ethics Commission.
Issue: You would like to know whether you, a former Child Attendance
Coordinator with the Department of Education, may participate in a workshop
pertaining to child attendance at an intermediate unit.
Facts: You recently retired from the Department of Education where you served
as a Child Attendance Coordinator. You state that in that position, you had
no budget or program approval authority at an intermediate unit or school
district and that you merely processed child attendance reports from which
weighted average daily membership was computed. This data was then used by
others for the payment of monies.
You are also in the process of completing work on a child attendance
book, which is a reference to state laws, Department of Education requirements
and suggested methods of accumulation. The book has nothing to do with budget
payment data.
You would like to participate in a workshop at an intermediate unit where
you would discuss attendance data submission by an intermediate unit and /or a
school district, and you would like to complete and publish your book. You
have, therefore, requested the Ethics Commission to rule upon whether you may
do either or both in light of your public employment.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Mr. Robert W. Boltz
February 23, 1984
Page 2
Discussion: Assuming, without deciding, that you were a public employee
subject to the restrictions of the Ethics Act when you worked as a Child
Attendance Coordinator in the Department of Education, upon retirement you
would become a "former public employee" subject to the restrictions of Section
3(e) of the Ethics Act. Section 3(e) provides:
(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.
These provisions would bar you from engaging in activities before the
Department of Education, or more specifically, the division or bureau in which
you served because that would be the "governmental body" with which you were
"associated." In light of the fact that you propose to conduct a workshop
before an intermediate unit, rather than the Department of Education or your
particular division of the Department of Education, Section 3(e) would not
operate to bar your activities because the intermediate unit is not the
governmental body with which you were associated. You may thus, conduct or
particpate in the workshop.
With regard to the book which you are writing, you should be aware that
Section 3(a) of the Act prohibits the use of confidential information gained
while in the public service for personal financial gain. So long as the
materials you are using do not constitute confidential information, there is
no prohibition or restriction upon the completion and publication of your
book.
Conclusion: Although you are a former public employee subject to the
restrictions of Section 3(e) of the Ethics Act, the activities you propose to
engage in will not constitute representation before your former governmental
body because the intermediate unit does not constitute the governmental body
with which you were associated. You may participate in the child attendance
workshop as described above.
You may also continue to work on and publish your book so long as the
materials used do not constitute use of confidential information as prohibited
by Section 3(a) of the Ethics Act..
Mr. Robert W. Boltz
February 23, 1984
Page 3
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.
CW /rdp
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.
Sincerely,
J
Sandra S. Christianson
General Counsel