HomeMy WebLinkAbout80-692 DowneyRonald O. Downey
730 Harding Street
New Cumberland, PA 17070
Dear Mr. Downey:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
July 10, 1980
ADVICE OF THE COMMISSION
On March 6, 1980 you asked for an opinion on the
applicability of Act 170 to a number of questions. You
stated you had been the Chief of Engineering Services in the
Harrisburg Regional Office Bureau of Air Quality Control,
Department of Environmental Resources and had accepted a
position with a private company.
You were a public employee as that term is used in Act
170. Section 3(e) of Act 170 states that no public employee
shall represent anyone before their governmental body for a
period of one year after they leave that governmental body.
In answer to your questions, you are specifically
advised as follows:
(1) Your governmental body was the Bureau of Air
Quality Control and you cannot represent anyone
before that Bureau for a period of one year. You
are also restricted from representing anyone
before any part of the Department in cases or
actions in which you were officially involved
while employed by Environmental Resources.
Except for these restrictions, you may represent
any person before Department organizations other
than the Bureau of Air Quality.
(2) You may represent any person before the United
States Environmental Protection Agency.
(3) You may meet with the Bureau of Air Quality
personnel for the purposes of conducting routine
inspections of your company's air pollution sources
and control equipment. You cannot negotiate with
the Bureau on any of these inspections.
80 -692
Ronald 0. Downey
July 10, 1980
Page 2
(4) You may not represent the company in meetings with
the Bureau of Air Quality Control personnel
concerning malfunctions of air pollution control
devices, plans and permit requirements for new air
pollution sources and the modification of existing
sources, air pollution episode plans, the impact
of new regulations on the company and its air pollution
sources, nor inquiries from the Bureau concerning
company operations.
(5) You can assist in the preparation of plan approval
applications for the constructions of new sources
or the modification of existing ones, but you
cannot sign the application as the responsible
company representative. You could be named as the
contact person concerning technical questions as
long as this does not involve negotiation with the
Department.
(6) You cannot represent the Company in negotiations
discussing and assessing control plans, violations
of the Air Pollution Control Act or Department air
pollution regulations.
(7) You may testify on the company's behalf in any
legal proceedings.
(8) You may participate in the preparation of legal
defense or matters on the company's behalf
concerning air pollution and other environmental
matters.
(9) You may present testimony during public hearings
or submit written comments concerning new regulations
of plan approval applications on behalf of the
company at DER or EPA but you cannot negotiate in
any of these matters.
(10) You may request information on policy interpretation
and regulation changes.
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.
You may appeal this advice to the full Commission.
This letter is a public record and will be made available
as such.
PJS /rdp