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HomeMy WebLinkAbout80-503 FriedTO: FACTS: DISCUSSION: CONCLUSION: STATE ETHICS COMMISSION P. 0. Box 1179 Harrisburg, PA _ 17108 January 3, 1930 I ADVICE OF CHIEF COUNSEL Michael Fried, Esquire President, Weather Works Inc. 300 Kokomo Avenue TIunmelstown, PA 17036 80 -503 Former Executive Director of the Office of Community Energy rendering professional services to a former successful grant applicant On November 2, 1979, Michael Fried, Esquire, President of Weatherworks Inc., a consulting firm, requested advice on his consulting with Reynolds Metals Company. Upon his resignation on in April, 1979, Mr. Fried was the Executive Director of the Office of Community Energy. In that capacity Mr. Fried was instrumental in obtaining a Federal Grant for the Lehigh Valley Manpower Program involving Reynolds Metals Company products. - Reynolds - ?etals Company now desires to retain Ac . Fried. The issues are whether their is any prohibition upon rendering such services by § 3(e) or 5 3(g). In Cutt, 79 -23, the Commission held that Mr. Cutt could manage a contract negotiated by him while in the employ of the Commonwealth, but could not represent any person before the governmental body with which he was associated for one year. This bar on representation did not extend to informational inc u? r? es, but Mr. Cutt was prohibited "from attempting to influence in any manner a decision of the department." Mr. Fried, therefore, is not barred from working on any contract he obtained while Executive Director of the Office of Comunity ,nervy. .te is barred from representing any 'Person 1)el:ote the Office of Community Ener.ay. DRM : rdp- 2 Michael Fried, Esquire January 3, 1930 Page 2 Section 3(g) is inapplicable because the Executive Director of the Office of Community Energy is not an executive level State Employee position as define by §2 of the Act. Pursuant to Section 7(9)(ti), 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. A personal appearance before the Commission.and a formal opinion will be issued upon your request if you feel this reply does not suffice. This letter is a public record and will be made available as such. DAVID RITTENHOUSE MORRISON Chief Counsel