HomeMy WebLinkAbout79-527 CocherasTO:
. FACTS:
DISCUSSION:
STATE ETHICS COMMISSION
HARRISBURG, PA.
ADVICE OF CHIEF COUNSEL
Carol Cocheras, Esquire
Department of Community Affairs
Office of Legal Service
202 South Office Building
Harrisburg, PA 17120
RE: Former Public Employees, Former Public Officials,
Provider / Providee Agency Transfer
A regional director of the Department of Community
Affairs resigned April, 1979. One of the functions of the
Department of Community Affairs is to give grants to the
subdivisions of the Commonwealth for community - related projects.
The Borough of Wilkinsburg has been approved for funding
by the Department of Community Affairs. A non - profit
corporation has been formed to carry out this community
activity. This non - profit corporation will employ a faculty
member who was previously the regional . director of the
Department of Community Affairs.
The issue presented is whether the employment of a
regional director of community affairs as a faculty member
by a recipient of that provider agency is a breach of
Section 3(e)?
Section 3(e) provides as follows:
Advice Number 79 -527
September 20, 1979
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.
Receiving funds from a corporation which ultimately
receives its funds from an agency with which the employee
was associated does not constitute representation before
that former agency. Opinion of Roger A. Cutt, 79 -23.
Advice 9/20/79
Carol Cocheras
page 2
Section 1 of the Act prohibits an "appearance of a
conflict." If the employee /faculty member was involved in
the decision- making process which gave that funding for
such faculty member status, that former public employee
would not be able to accept the appointment as faculty
member.
Section 3(e) of the Act would prohibit such an
employee from representing his new employer before the
Department of Community Affairs.
CONCLUSION:
An administrator in a provider agency may transfer to
a receiving agency providing that individual did not make
a decision as to employment of him or herself, or in the
actual award to the recipient agency.
Section 3(e) of the Act prohibits a Regional Director
of the Department of Community Affairs from representing any
party before the Department of Community Affairs within one
(1) year after he leaves such posi
avid Rittenhouse Morrison
Chief Counsel