HomeMy WebLinkAbout80-567 McCarthyTO:
FACTS:
DISCUSSION:
CONCLUSION:
Mr. Joseph E. McCarthy
407 S. Cameron Street
Harrisburg, PA 17101
STATE ETHICS COMMISSION
HARRISBURG. PA.
ADVICE OF CHIEF COUNSEL
February 27, 1980
Advice # 567
RE: Act 170 requirements of a former state employee.
On October 24, 1979, Mr. McCarthy, employed as Chief,
Compliance and Administration Section, Bureau..of Water
Quality Management,'Harrisburg Regional Office, Department
of Environmental Resources, and contemplating leaving state
employment to work with Ketron, Inc., a firm which does
operations research, systems analysis and simulation, asked
what limitations would be placed on his dealing with state
government if he accepted a position with Ketron.
Section 3 (e) of Act 170 prohibits any former
offical or public employee from representing'a person
before the governmental body with which he or she has
been associated for . one year after he or she leaves
that body.
In opinions No. 79 -058 (Peffer),and 79 -059 (Bucciarelli),
the Commission established the concepts applicable to deter-
mining a person's governmental body and clarified represen-
tation in circumstances similar to those of Mr. McCarthy.
As Chief of the Compliance and Administration Section
in the Bureau of Water Quality Regional Office, Mr. McCarthy
is a public employee as that term is ued in Act 170.
Mr. McCarthy is a public employee under Act 170 and
may not represent any party before the Bureau of Water
Quality Management for a period of one year after he has --
left government. He may manage a contract awarded
to his company even if it requires working with The Bureau
of Wat Quality. He may also request information available
to the general public and businesses.
Mr. Joseph E. McCarthy
Page 2
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.
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