HomeMy WebLinkAbout79-544 HackettLeo A. Hackett, Esquire
Fronefield & DeFuria
107 West Third Street
Box 647
Media, Pennsylvania 19063
Dear Mr. Hackett:
State Ethics Commission
308 Finance Building
Harrisburg, PA 17120
(717) 783 -1610
STATE ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA 17108
November 14, 1979
Sincerely yours,
Advice Number 79 -544
I am in receipt of your letter of September 21st, pointing
out apparent conflicts with respect to our previous opinions.
If you look at the facts on the Berger Opinion, No. 79 -38,
you will find that Mr. Berger was not attempting to contract
with the governmental body with which he was associated. There-
fore, Section 3(c) did not apply. Public officials and public
employees are treated the same way under Section 3(c).
As to the issue of the application of Section 3(e), we
have held that it is not a violation of Act 170 to administer
a contract which has been awarded by the governmental body
with which the former public official was associated. It is,
however, a violation of Section 3(e) to represent anyone before
that governmental body within one year after the public official
or public employee leaves that body.
The former public official or public employee is free to
utilize his expertise and knowledge before any of the govern-
mental bodies of the State, in publishing materials, or in run-
ning for office.
We are presently drafting the regulations for Act 170,
and we sincerely appreciate your comments.
David R. Morrison
Chief Counsel