HomeMy WebLinkAbout80-738 DowdellSTATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
December 17, 1980
ADVICE OF COUNSEL
Mr. George R. Dowdell
Press Secretary
Pennsylvania Historical & Museum Commission
RE: Historical & Museum Commission
Dear Mr. Dowell:
In your letter of October 15, 1980, you requested an
Opinion from the Ethics Commission.
Issue: In your letter you request Advice as to whether a
former Press Secretary for the Pennsylvania Historical &
Museum Commission can write on historical subjects.
Facts: You informed us that you will soon be leaving your
present position as the Press Secretary of the Historical and
Museum Commission. As a trained journalist you want to
obtain future employment writing on historical subjects, some
including the historical sites and museums operated by the
Commission.
Discussion: You are a public employee subject to the Ethics
Act. The Act does not forbid you from reporting or writing
articles about historic places and museums operated by your
present employer. You may, in your individual capacity,
comment about the Historical and Museum Commission. Lloyd,
80 -040.
that:
(a) "No public official or public employee
shall use his public office or any
confidential information received
through his holding public office to
obtain financial gain other than
compensation provided by law for him-
self, a member of his immediate famly,
or a business with which he is asso-
ciated." 65 P.S. §403(a)
80 -738
You are reminded, however, that the Ethics Act provides
Mr. George R. Dowdell
December 17, 1980
Page 2
The Act further provides that:
(e) "No former official or public
employee shall represent a
person, with or without compen-
sation, on any matter before the
governmental body with which he
has been associated for one year
after he leaves that body."
65 P.S. §403(e).
Thus, you cannot use confidential information obtained
while working for the Commission to obtain financial gain,
nor can you represent any person in proceedings before the
Commission for one year after you leave the Commission
Conclusion: The Ethics Act does not prohibit you from
writing about historic subjects, sites, and museums
As a public employee you may not:
(1) use confidential information obtained as a public
employee for financial gain;
(2) represent any person before the Commission.
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.
This letter is a public record and will be made avail-
able as such.
Finally, if you disagree with this Advice or if you have
any reason to challenge same, you may request that the full
Commission review this Advice. A personal appearance before
the Commission may be scheduled and a formal Opinion from the
Commission will be issued. You should make such a request or
indicate your disapproval of this Advice within the next 30
days.
SW /rdp
Sincerely,
Sandra S. Ch stianson
General Cou sel