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HomeMy WebLinkAbout81-549 SciortinoSTATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 April 10, 1981 ADVICE OF COUNSEL Henry V. Sciortino Monessen Redevelopment Authority Municipal Building Monessen, PA 15062 Dear Mr. Sciortino: RE: Former Authority Member, Representation 81 -549 This responds to your letter of October 8, 1980, in which you, as Executive Director of the Monessen Redevelopment Authority requested an opinion from the Ethics Commission. Issue: You requested advice as to what restrictions the Ethics Act places on your activities as a former Executive Director of the Monessen Redevelopment Authority. Facts: You informed us that you plan to leave your part -time position as Executive Director of the Monessen Redevelopment Authority (Authority). Discussion: Municipal Authorities are generally subject to the Ethics Act. 65 P.S. §401 et seq. See Forney v. State Ethics Commission, Pa. Commonwealth Ct. A.2d (No. 1003 C.D. 1980). The Act imposes several restrictions on the behavior of former "public officials" and "public employees." Specifically, Section 3(e) of the Act prohibits former officials and employees from representing any person, (including indivi- duals, businesses, corporations, or associations) 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). The governmental body with which you are associated is the Monessen Redevelopment Authority. Accordingly, you may not make a personal appearance (except on your own behalf) before the Authority for one year after you leave the Authority. Morris, 80 -039; Widoff 79 -055. Nor may you attempt to influence the Authority for one year after leaving the Authority. Cutt, 79 -023. As a former official or employee you may make general information inquiries of the Authority similar to tlose made by the general public. Morris, 80 -039; Cutt, 79 -023. You may Henry V. Sciortino April 10, 1981 Page 2 represent third parties in a forum other than the Monessen Redevelopment Authority. Morris, 80 -039. You may use knowledge and experience gained as a public employee subject to the above restrictions. You may administer a contract with your present Authority if you did not attempt to influence the award of the contract by, for example, placing you name on the bid proposal. Kilareski, 80 -054. Further, Section 4 of the Act requires that you file a Statement of Financial Interests for the year after you leave the Authority. 65 P.S. §404. Conclusion: As a former public official you may not represent any person, business, corporation, or association on any matter before the governmental body with which you gave been associated for one year after leaving the governmental body. The govern- mental body with which you are associated is the Monessen Redevelopment Authority. As a former official you may not: (1) make personal appearances before the Authority; and (2) attempt to influence the Authority, such as lobbying or preparing and signing contract or bid proposals submitted to the Authority for one year after leaving the Authority. As a former official you may (1) make inquiries for information available to the general public; (2) represent persons in a forum other than the Authority; (3) use knowledge and expertise gained with the Authority, subject to the above restrictions; and (4) administer a contract between the Authority and your present or future employer, provided you did not attempt to influence the award of the contract. You must file a statement of financial interests for the year after leaving the Authority by May 1 after you leave the Authority. 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 tacts and committed the acts complained of in reliance on the Advice given. Henry V. Sciortino April 10, 1981 Page 3 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. SW /rdp Sincerely, Sandra S. Christianson General Counsel