HomeMy WebLinkAbout81-571 LarsonRonald Larson, Professor
Department of Earth Sciences
Edinboro State College
Edinboro, PA 16444
Dear Professor Larson:
RE: Outside Employment, Expert
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
June 3, 1981
ADVICE OF COUNSEL
81 -571
This responds to your communication of May 27, 1981 in
which you requested advice from the State Ethics Commission.
Issue: You inquire whether you can serve as a Geologist to
represent property owners in a suit (court action) initiated
against the Pennsylvania Department of Transportation ( PennDot).
Facts: You currently serve as a Professor in the Department
of Earth Sciences for Edinoboro State College. You propose
to serve as a geologist- expert in an action filed against
the Pennsylvania Department of Transportation by property
owners adjacent to the PennDot road salt storage arear in
Warren County. The property owners claim that the salt
has contaminated their water wells and they are suing the
Pennsylvania Department of Transportation for damages.
Your proposed work for the property owners would be to
conduct studies to determine the salt water infiltration
level and to testify, we assume, on behalf of the property
owners as an expert in the court proceedings, as necessary.
Discussion: There is no prohibition under the Ethics Act
that would preclude you from accepting such employment as a
geologist- expert on behalf of the property owners as described
above. While the Ethics Act contains some prohibitions
against contracting with the govenmental body with which you
are associated (see Section 3(c) of the Ethics Act), the
Act does not prohibit a person from conducting outside
employment or field work on their own time.
The hiring of an expert witness by persons who have no
contact with the governmental body with which you are
associated, Edinboro State College, is not prohibited by the
Ethics Act. Refer to Cohen, 80 -012.
Ronald Larson, Professor
June 3, 1981
Page 2
Conclusion: The Ethics Act contains no prohibition against
your acceptance of the employment as described above.
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
dra S. Chr'=tianson
General Coun