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HomeMy WebLinkAbout79-508 BeardVernon Miller Beard 101 Harrison Drive flew Cumberland, PA 17070 Dear Mr. Beard: August 6, 1979 Advice Number 79 -508 In your letter of July 23 you asked what requirements Act 170 would place upon you if you accepted a job as the executive director to the Ohio River Basin Commission. You state that the Ohio Fiver Basin Commission is one of similar River Basin Commissions authorized by F.L. 89 -00, as amended. This Commission includes State Commissioners fro-a 11 states, Federal Commissioners from nine Federal agencies and one from the Ohio River Valley Sanitation Commission. The Commission is funded by the 11 member states and the Federal Government. The executive director is an employee of the Commission. As executive director you would be responsible for directing the Commission staff, assisting the Commissioners in coordination of federal, state and local water resources planning and in the development of a comprehensive coordinated joint plan for the basin. You are presently the director of the Bureau of Resources Programming, Office of Resources Management, Department of Environmental Resources, and are responsible for supervising; a staff engaged in the planning of flood control, general water resources, and abandonded mine area restoration projects. In addi- tion you are Pennsylvania's Commissioner to the Great Lakes Basin Commission and alternate Commissionerto the Ohio River Basin Commission.. In your present position you are a "public employee" as that term is used in Act 170. Section 3(e) prohibits former officials or employees from representing "... a person with or without compensation, on any matter before the governmental body with which he has been associated for one (1) year after he leaves that body." The governmental body with which you are associated is the Department of Environmental Resources. - Vernon Miller Beard ,August 6, 1979 'Page 2 • It is my opinion that you could accept employment as executive director of the Ohio River Basin Commission without violating Act 170 as long as you would not "represent" the Commission before the Department of Environmental Resources. for a period of one (1) year after you leave that department. This would not restrict you from working with the Environiental Resources Commissioner, alternate Commissioner or any acting delegate designated by the Department to meet its responsibilities as a member of the Ohio River Basin Commission. It would also not restrict you from gathering information or responding to information requests of the Department of Environmental Resources. If you wish to have a formal opinion of the Commission issued in a public meeting place notify me. State Ethics Commission 303 Finance Luilding riarrisburg, PA 17120 (717)783 -1610 Sincerely yours, Paul J. Smith Chairman