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HomeMy WebLinkAbout81-506 MastersGeorgia Masters Senior Staff Associate Pennsylvania Chamber of Commerce 222 North Third Street Harrisburg, PA 17101 RE: Section 3(e) - Restrictions, Representation Dear Ms. Masters: 1980. STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 January 27, 1981 ADVICE OF COUNSEL 81 -506 This responds to your communication of December 3, Issue: In your communication you request an advice from the Ethics Commission as to any impact of the Ethics Act upon you as a former member of the Republican Research Staff of the Pennsylvania House of Representatives. Facts: You indicate that you worked for the Republican Research Staff until November 30, 1980. In your employment your primary responsibility was with the Finance Committee. In regard to the Finance Committee you prepared summaries and analysis of Finance Committee bills and set up Committee meetings and hearings. In addition, you helped to draft legislation dealing with state and local taxation. Finally, in your role with the Republican Staff you handled consti- tuent requests and complaints, mostly in the area of finance. You currently serve as an employee of the Pennsylvania Chamber of Commerce where your main responsibilities are researching, monitoring, and developing program priorities for legislation in regard to unemployment compensation and employee relations. In this regard you deal with the social legislation and industrial relations committees of the Pennsylvania Chamber of Commerce. In this employment you will be required to communicate with the legislature and members of the current administration. January 27, 1981 Page 2 Discussion: While employed with the Republican Research Staff of the House of Representatives, we must conclude that you were are a "public employee" as that term is defined in the Ethics Act. Specifically, we feel that your role with the Research Staff was one in which you made or recommended official action of a non - ministerial nature with regard to one of the five areas outlined in the definition of the term "public employee" in the Ethics Act. This holding is consistent with our prior Advice Hussie, 80 -582. Having determined that you were a public employee, the Ethics Act in Section 3(e) does impose some restrictions on the activities of "former public employees." See 65 P.S. 403(e). Specifically,. the Ethics Act precludes "former public employees" from representing any person before the governmental body with which they had been associated for a period of one year after they leave that governmental body. The question, in your case, is the extent of the "govern- mental body" with which you had been associated while employed with the Republican Research Staff. In this respect, the Commission has determined that the scope of a person's "governmental body" should be as broad as is necessary to define those entities with which the individual had some influence. See Seltzer, 80 -044. In applying these concepts to your fact situation, however, we conclude that the "governmental body" with which you had been associated is the Finance Committee, its component parts and its staff. The facts which you present indicate that your main concern was with this Committee and that your influence, therefore, with respect to the House of Representatives in general, the Executive Branch, or the Department of Revenue and the Governor's Office as well as with the Senate was limited. Accordingly, you may not "represent" any person before the Finance Committee of the House, its component parts or its staff for a period of one year after you have left employment with the Republican Research Staff. The term "represent" has been interpreted by the Commission to include and preclude the following conduct for a period of one year: 1. personal appearance before the governmental body with which you had been associated, including negotiation of contracts; 2. attempting to influence the governmental body; 3. representing any views of any person or other group formally or informally. This prohibition includes the concept of what is generally referred to as "lobbying." Social contact and official contact with former Finance Committee members and with present members in capacity other than as Finance Committee members is not prohibited. Georgia Masters January 27, 1981 Page 3 Conclusion: As a former public employee you may not appear and represent, as that term is explained above, any person, before the Finance Committee, its component parts, and its staff, with or without compensation, for a period of one year after leaving the Republican Research Staff. In addition, Section 4(a) of the Ethics Act requires that you file a Statement of Financial Interest for the year after you leave public office. In your case this will mean that you must file a Financial Statement no later than May 1, 1981 for the calendar year 1980. 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 available 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. C. istianson General Counsel Georgia Masters Senior Staff Associate PA Chamber of Commerce 222 N., Third Street Harrisburg, PA :7101 RE: Advice No. 81 -506 Dear Ms. Masters: Mailin Address: STATE ETHICS COMMISSION' P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 July 15, 1981 81 -506 supplement This responds to your communication of June 22, 1981 in which you supplied additional information to the Ethics Commission in relation to your duties and obligations as a former public employee under the Ethics Act Issue: In your communication you request a further review of the Advice No. 81 -506 issued to you on January 27, 1981. Facts: In your further communication you indicated that in addition to serving primarily the members of the Finance Committee, you completed an in- -depth study of the personnel system in Pennsylvania and drafted legislation to reform the system (which was never introduced). Furthermore, you indicated that in the area of lobbyist registration, you participated in drafting and analyzing a bill to change,the registration and financial reporting requirements applicable to lobbying activities in Pennsylvania. Discus "sion: Perhaps the original advice issued in this matter was not specifically clear and did not emphasize the particular facts which we now realize as important. Conse- quently, this letter is supplied in order to supplement that advice. State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Georgia Masters July 15, 1981 Page 2 Specifically, in our original advice we neglected to state that you may not engage in "representation" before the Republican Research Staff as well as the Finance Committee, its component parts, and its staff for the one -year period after leaving the Republican Research Staff. This point seemed obvious. However, the Republican Research Staff should be included within the term "governmental body" and subject to the restrictions set forth in that original advice. In addition, the phrase "attempting to influence the governmental body" with which you were associated must also be reviewed. In this regard, the Commission has also determined that you may not participate in any manner on a particular case, matter or contract over which you had supervision, direct involvement or responsibility while employed by the governmental body. See Adler, 79 -043 and Dalton, 80 -056. In this area, while you may deal in general with legislation and those members of the Legislature, except as outlined above, you should avoid any appearance of a conflict of interest by not participating in lobbying, for example, as to any matter, case or bill over which you had supervision, direct involvement or responsibility while employed by the Republican Research Staff. In your case these two areas would at least be legislation dealing with the public personnel system and registration and financial reporting of lobbyists on which you provided analysis and recommendations. I hope that this supplement clarifies any areas of misconception or misunderstanding that I may have had in answering your previous inquiry. Should you have any further questions, please feel free to contact us. Conclusion: As a former public employee your actions should be guided by the previous Advice issued to you in this matter. In addition, you must be advised that your "govern- mental body" with which you were associated also includes the Republican Research Staff itself. In relation to the governmental bodies with which you were associated (the Finance Committee, its component parts, and its staff as well as the Republican Research Staff), you may not "represent" any person with or without comf.ensat.ion before those bodies for the one -year period after you left the Republican Research Staff. In addition to the items previously discussed, this includes participation in any manner on a particular case, matter or contract over which you had supervision, direct involvement or responsibility while employed by the Republican Research Staff. Georgia Masters C July 15, 1981 Page 3 Pursuant to Section 7 (9) (ii) , this Advice is a coupiete defense_in any enforcement proceeding initiated by the Commission, and evidence of good faith conduct in any other civil or criminal proceeding, providing the requester 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 available 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 Si cerely, ( C ,/- `G 44 0 2■, Sandra S. Ch 7 stiansc,n General Co sel Az A