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HomeMy WebLinkAbout81-578 SankerSTATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 June 12, 1981 ADVICE OF COUNSEL Stephen D. Sanker 81 -578 Pennsylvania Blue Shield Camp Hill, PA 17011 RE: Section 3(e); Insurance Dear Mr. Sanker: This responds to your letter of April 13 1981, in which you requested an opinion from the Ethics Commission. Issue: You requested advice as to whether the Ethics Act restricts representation of your employer before various governmental bodies. Facts: You informed us that you are now employed by the Pennsylvania Blue Shield as a government relations representa- tive. Pennsylvania Blue Shield has employed you since March 16, 1981. As a government relations representative your duties include presenting and explaining the Pennsylvania Blue Shield corporation's position on health care issues as well as attending legislative hearings and testifying on behalf of the Corporation. From February 16, 1981 to March 15, 1981 you were Legis- lative Assistant to Representative James Manderino, Democratic Whip. You did basic research in workmen's compensation and self- insurance alternatives. You served from May 1, 1980 to February 15, 1981 as the Executive Director of the Insurance Committee (Democratic, minority staff). From May 16, 1977 to April 30, 1980 you served as a member of the Insurance Committee Staff but this service as of April 30, 1981 is not significant in relation to the one -year prohibition of Section 3(e) of the Ethics Act and will not be discussed further. However, the details you provided by phone on June 10, 1981 relating to your tenure as Executive Director are important. At that time, you related that as Executive Director of the Insurance Committee of the House you provided technical and factual reports on legislation assigned to that Committee to members (both Democratic and Republican) of the Insurance Committee. However, your role in explaining these bills did not entail recommendations. You stated that you Stephen D. Sanker June 12, 1981 Page 2 provided informational analysis rather than opinions and /or recommendations to the Committee members and performed a similar function vis -a -vis the Democratic Caucus as to bills assigned• to the Insurance Committee. In fulfilling your role as Executive Director you did not "lobby" any members of the House (either Democratic or Republican) or of the Committee. Such tasks were the responsi- bility of the House or Committee members. In general, your contact with Democratic members of the House was limited to the above areas. Your contact with Republican members of the House was incidental or minimal because the Republicans had separate staff, employees or members to perform equivalent functions to those set forth above. Discussion: The Ethics Act, 65 P.S. §401 et seq. defines public employee as any individual employed by the Commonwealth who is responsible for taking or recommending non - ministerial, official action with regard to regulating any person or any other activity where the official action has an economic impact of greater than a de minimus nature on the interests of any person. Id at 402. This statutory definition is supplemented by the regulations of the Commission. These regulations indicate that Executive Directors and Special Assistants are generally to be considered public employees. You were the Executive Director of the Insurance Committee and a Special Assistant. Therefore, you were a public employee within the meaning of the Ethics Act. Section 3(e) of the Act states: No former ... pubic employee shall represent a person, with or without compensation, 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 term "governmental body" includes establishments in the legislative branch of the State according to Commission regulations. The governmental bodies with which you were associated are the office of Representative Manderino, as Democratic Whip and the Insurance Committee of the House, its staff and members. See Ewing 79 -010. You may not represent a person before these bodies whether or not you are compensated for the representation for a period of one year. The prohibited representation extends to personal appear- ances before these governmental bodies or attempts to influence them. Morris, 80 -039. Thus, you may not appear before the Insurance Committee, its staff or members or the Whip's Office or Representative Manderino or attempt to influence their deliberations or decisions in any way, although another Blue Shield employee may do so. Stephen D. Sanker June 12, 1981 Page 3 You may make requests for information similar to requests made by the public. Morris, 80 -039; Cutt, 79 -023. You may utilize the knowledge and experience gained in your employment with the Insurance Committee in your work with Pennsylvania Blue Shield and you may represent Blue Shield in any other forum. Morris, 80 -039. Conclusion: A former Executive Director to the Insurance Committee and Assistant to Representative Manderino, as Whip of the House of Representatives is a public employee subject to the Ethics Act. As a former public employee you may not represent any person before the Insurance Committee, its staff or members or Representative Manderino, the Whip's office or its staff for one year after you left public employment. This one year period in relation to Representative Manderino and his office runs until March 15, 1982 and runs until February 15, 1982 with relation to the Insurance Committee, its staff and members. You may not appear before these entities or persons nor may you attempt to influence them. You may ask for information available to the general public and you may represent Pennsyl- vania Blue Shield in other forums. You may use knowledge and expertise garnered with the Committee or Whip's office in your work with Blue Shield. 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. SW /rdp 'ncerely, S LAG ndra S. ''ristianson General Co.nsel