HomeMy WebLinkAbout80-576 LeaderTO:
RE:
FACTS:
DISCUSSION:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
March 17, 1980
ADVICE OF CHIEF COUNSEL
G. Michael Leader, 3d.
President
Leader Nursing Center, Inc.
Suite 120 - Valley Forge Towers
King of Prussia, PA 19406
Advice # 80 -576
Application of Section 3(e) to Former Chief of The
Internal Audit Division of the Department of Public
Welfare
On February 26, 1980, G. Michael Leader wrote this
Commission asking for an advisory opinion. He advised that
until July, 1979 Mr. Thomas Kerr was employed as chief of
the Internal Audit Division of the Department of Public
Welfare. He advised that Mr. Kerr is currently in private
practice as a certified public accountant, and as such he
will prepare the 1979 medicaid final cost reports. He will
not represent the company in any division of the Department
of Public Welfare.
The issue is whether preparation of materials for a
company consists of representation under Section 3(e).
Section 3(e) of the State Ethics Act states as follows:
No former official or public employee shall represent
a person, with or without compensation, on any matter
before the governmental body with which he has been
associated for one year after he leaves that body.
G. Michael Leader, 3d.
March 17, 1980
Page 2
CONCLUSION:
DRM /rdp -2
Section 3(e) essentially prohibits communication with
the body with which one is associated on a matter in which
the governmental body has discretion. Use of expertise gained
in governmental service is not prohibited. In this case
Mr. Kerr is assisting in the preparation of reports. If he
does not sign his name to the reports or personally communicate
with the Department of Welfare in any way he is not engaged in
representation.
Section 3(e) does not prohibit a former employee from
assisting and preparing any forms or other matter for review
by his former associates providing he does not communicate
personally with the governmental body with which he was
associated. This includes communication by letter as well as
telephone and in person.
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.
y 7 . .
DAVID RITTENHOUS MORRISON ���
Chief Counsel