HomeMy WebLinkAbout79-518 ClarkeJohn A. Clarke
260 Wyoming Street
P.O. Box 1633
Wilkes- Barre, PA 18703
September 4, 1979
ADVICE OF CHIEF COUNSEL
Advice Number 79 -518
RE: Can a person in the County Administrators Office assume a
position with a provider agency?
FACTS:
On July 16, 1979 the Commission recieved your request
for an opinion of the effects of Act 170 should you accept a
position with a service provider.
You are currently employed by the Luzerne - Wyoming
Drug and Alcohol Abuse Progam and wish to accept a position
with the Wyoming Valley Alcohol and Drug Services.
The Drug and Alcohol Abuse Progam is administered by
Luzerne - Wyoming Counties.
The County Organization has awarded a contract to the
Wyoming Valley Service Provider.
You had no part in this decision. Before the award of
the contract, you had provided technical services to all
interested organizations.
You were selected for the new position after answering
a blind ad, being interviewed by a Personnel Committee and
selected at a public meeting by the full board.
DISCUSSION:
Section 3(e) of the Act prohibits a former employee or
official from representing any person, broadly defined in the
Act to include " individuals, corporations, associations, ...
or other organizations or group of persons" on "any matter before
the governmental body with which he has been associated for
one (1) year after he leaves that body."
John A. Clarke
September 4, 1979
Page 2
It is my opinion that Section 3(e) of the Act would
prohibit you from representing any person on any matter before
the Luzerne- Wyoming County Drug and Alcohol Abuse Progam offices
for a period of one (1) year commencing on the date that you
resign from that office.
While the ban on representation would not preclude
general informational inquiries, you would be prohibited by
Section 3(e) from attempting to influence in any matter a
decision of the Administrator's Office.
The Act would not prohibit you during the one (1) year
period from administering or managing a contract awarded to
your employer by the Luzerne - Wyoming County Mental Health /Mental
Retardation Progam, prov ded you did not attempt to influence
a decision by that Office.
A personal appearance before the Commission and a formal
opinion will be issued upon your request, if you feel this reply
does not suffice.
Pursuant to Section 7(9)(ii), this advice is a complete
defense in any enforcement proceeding initiated by the Commission,
in evidence of good faith conduct in any other civil or criminal
proceeding providing all the material facts have been truthfully
disclosed, and the acts complained are in reliance on this advice.
CONCLUSION:
You may accept a position with the Wyoming Valley Alcohol
and Drug Services providing that you do not for a period of
one (1) year represent that agency before the Luzerne - Wyoming
County Drug and Alcohol Abuse Progam Offices. Employment by
the provider agency does not prohibit you from administering
or managing a contract awarded the providing agency by that
office.
David Rittenhouse Morrision
Chief Counsel