HomeMy WebLinkAbout80-584 FinnFACTS:
DISCUSSION:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
March 20, 1980
ADVICE OF CHIEF COUNSEL
TO: John M. Finn, P.E.
Engineering Consultant
51 Walnut Street
Forty Fort, PA 18704
RE: Engineer Leaving Department of Transportation
Advice /! 80 -584
On March 9, 1980 John M. Finn, P.E., wrote this office
asking for an opinion from the State Ethics Commission.
Mr. Finn was district engineer of District IV, having
retired from the Department of Transportation after 23 years
of service.
He asked "whether or not I am prohibited, or restricted
in any way, from accepting employment with or providing
professional services to, other engineering firms or contractors
who normally engage with contracts of the Commonwealth."
The issue is to what extent may Mr. Finn deal with the
Department of Transportation under Section 3(e) of the State
Ethics Act.
Section 3(e) of the State Ethics Act states: 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.
As district engineer of District IV, Mr. Finn may not
communicate with any member of the department in that region
on any discretionary matter within one year of leaving that
regional position. Further, he may not communicate with anyone
at the Department of Transportation's central office in
Harrisburg on any discretionary matter, except those individuals
at the Deputy Secretary level or above. He may communicate with
the appropriate individuals at the District IV level and the
central office with respect to obtaining information normally
available to the public.
John M. Finn, P.E.
March 20, 1980
Page 2
CONCLUSION:
DRM /rdp -1
He may represent any person before the Arbritration
Board of Claims in the Department of Transportation since
Mr. Finn was not affiliated with the Arbritration Board of
Claims. He may also communicate with the Legal Division
of the Department of Transportation.
Mr. Finn, a district engineer, is prohibited for a
period of one year in dealing with any individual in District
IV or any individual below the level of Deputy Secretary in
the central office of the Department of Transportation on any
matter in which the Department of Transportation may exercise
discretion. Mr. Finn may represent any individual before the
Arbritration Board of Claims at any time, and further, he may
speak with anyone in the General Counsel's Office or at the
level of Deputy Secretary or above concerning any nonministerial
matter. Mr..Finn is not prohibited from requesting information
from the District IV regional office or the central office which
is normally available to the public. Mr. Finn may not engage in
an activity in which he was involved while a member of the
Department of Transportation which is presently in litigation.
Mr. Finn may represent any engineering firm before any
level of the Department of Transportation in regions other than
District IV and the central office.
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 RITT NHOUSE MORRISON
Chief Counsel