HomeMy WebLinkAbout80-530 GittensTO:
RE: Restrictions on former state employee working with
a consultant.
FACTS:
On. November 30, 1979, Mr. Gittens, formerly an
Assistant District Engineer for Maintenance in the
Department of Transportation, asked whether Act 170 would
place any limitations on his working with Wilbur Smith
and Associates, a traffic engineer consultant.
DISCUSSION:
STATE ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA, 17108
Michael J. Gittens
1166 Windermere Drive
Pittsburgh, PA 15218
ADVICE OF CHIEF COUNSEL
February 26, 1980
Advice Number 80 - 530
Section 3, subsection (e) proht_bits a former
official or public employee from representing a person
on any matter before the governmental body with which he
or she has been associated for one year after he or she
leaves that body.
While in state government, Mr. Gittens did not review
or supervise any of the work performed by consultants.
In his new position with Wilbur Smith Associates,
Mr. Gittens will not represent that firm before the
Department of Transportation.
CONCLUSION:
Mr. Gittens may work with Wilbur Smith Associates
without conflict under Act 170 as long as he does not
represent that firm before the Department of Transportation
within one year of his retirement from that department.
Pursuant to Section 7(9)(ii), 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.
ADVICE OF CHIEF COUNSEL
Mr. Michael J. Gittens
Page 2
DRM /jc
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 RIT ENHOUSE MORRISON
Chief Counsel