HomeMy WebLinkAbout80-744 MyersSTATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
December 29, 1980
ADVICE OF COUNSEL
R. David Myers
Main Street
Allen, Boiling Springs, PA 17007
1980.
80 -744
RE: Section 3(e) Representation, Prohibition
Dear Mr. Myers:
This responds to your communication of November 3,
Issue: You request information regarding the impact of
Section 3(e) of the Ethics Act upon you as a potential
"former public employee."
Facts: You are currently employed as Executive Director of
the Senate Education Committee. You anticipate that you may
be leaving that position and wish to have guidance as to the
impact of the State Ethics Act upon your future employment
and any restrictions that the Ethics Act may place on the
jobs you may accept, whom you could represent, and before
what agencies or other governmental bodies you could appear.
Discussion: Initially it should be noted, that as Executive
Director of the Senate Education Committee you perform
duties of a non - ministerial nature in regard to recommending
or taking official action. Therefore, you should be
considered a "public employee" within the definition of the
Ethics Act. As such, the restrictions of Section 3(e) of
the Ethics Act are applicable to your cirumstances.
Section 3(e) of the Ethics Act provides that no former
public official or employee may represent any person on any
matter before the governmental body with which he has been
associated for a period of one year after he leaves that
body. This Section does not prohibit your employment, per
se, by any other entity. Therefore, in response to your
first question, you may accept any and all employment which
might be offered to you upon your termination of your
employment with the Commonwealth, Senate Education Committee.
R. David Myers
December 29, 1980
Page 2
However, the Commission must rule that your "govern-
mental body" with which you have been associated does extend
to the Senate Education Committee. Therefore, Section 3(e)
of the Ethics Act would preclude you from appearing and
representing any person before the Senate Education Committee
for a period of one year after you would leave that Committee.
Furthermore, the Commission has determined that the
term "representation" includes the following:
(1) personal appearance before the governmental body
with which you had been associated, including, but
not limited to negotiations on contracts;
(2) attempts to influence that governmental body;
(3) participation in any manner over any matter over
which you had supervision, direct involvement, or
responsibility while employed by the Senate
Education Committee;
from:
(4) lobbying, that is representing the interest of any
person as to legislation, regulations, etc. See
Morris, 80 -039 and Russell, 80 -048.
Former public employees, however, are not prohibited
(a) appearing in a third forum, such as state or
federal court except as set forth in number (3)
above;
(b) making general informational inquiries of the
nature made by the public of the governmental body
with which they had been associated;
(c) utilizing the knowledge and expertise gained in
their tenure as public employees except as set
forth above.
Conclusion: Your conduct as a former public employee should
be governed by the criteria set forth in this Advice.
R. David Myers
December 29, 1980
Page 3
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.
SSC /rdp
Sincerely,
Sandra S. Chr tianson
General Coun-el