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