HomeMy WebLinkAbout80-591 WorleyTO:
RE:
FACTS:
On March 6, 1979, we received a letter from Dwight D.
Worley, asking the Commission for an opinion as to his
employment restrictions in the private sector.
On November 19, 1979, we received a job description
from James P. Snyder, Chief of the Division of Operations
of the Bureau of Solid Waste Management of the Department of
Environmental Resources. Mr. Snyder indicated that Mr. Worley
was director of the operations unit of the then Division now
Bureau, of Solid Waste Management.
DISCUSSION:
Dwight D. Worley
R.D. #2, Box 2980
Etters, PA 17319
Application of Section 3(e) to the Director of Operations
Unit for Division of Solid Waste Management, Department
of Environmental Resources
The threshold issue is whether Mr. Worley is a "public
employee." Since his "responsibilities include planning,
developing, directing, coordinating and implementing a major
phase of the Statewide Solid Waste Management Progam" (Worley
job description), we hold he is a "public employee."
The next issue is what is Mr. Worley's "governmental
body."
Section 3(e) states:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
March 27, 1980
ADVICE OF CHIEF COUNSEL
Advice # 80 -591
No former official or public employee shall,represent
a person ...before the governmental body with which
he has been associated for one year after he leaves
that body.
Mr. Worley has directed the Operations Unit for the Bureau
of Solid Waste Management. That unit is his governmental body.
Dwight D. Worley
March 27, 1980
Page 2
CONCLUSION:
DRM /rdp -3
Mr. Worley, being a director in the Operations Unit
of the Division of Solid Waste Management of the D.E.R. is
a "public employee." Mr. Worley may not represent any
person before the Operations Unit of the Borough of Solid
Waste Management for a period of one year after he left
the Department of Environmental Resources.
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
Chief Counsel