HomeMy WebLinkAbout81-579 MarbainMax Marbain
C.A.C.I.
Harrisburg, PA
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
June 17, 1981
ADVICE OF COUNSEL
RE: Public Employees, Section 3(e)
Dear Mr. Marbain:
81 -579
This responds to your letter of April 30, 1981, in
which you requested an opinion from the Ethics Commission.
Issue: You asked advice as to whether two former State
employees can work on contracts with their former employer
and whether their names could appear on bid proposals to be
submitted at the end of June, 1981.
Facts: You told us that two of your employees worked for
the Pennsylvania Department of Public Welfare as Computer
Systems Analysts. One of the employees, James E. Rudy, left
the Welfare Department on December 31, 1979. The other,
Dennis Nafe, left the State on June 11, 1980. Both of these
individuals now work for C.A.C.I., a company involved in
producing computer software. C.A.C.I. wants to submit bids
on a contract with the Department of Public Welfare to
provide computer software services. Contracts will not be
awarded unil July 1981 and bids will be prepared at the end
of June or later, 1981.
Discussion: Assuming that both Rudy and Nafe were public
employees within the meaning of the Ethics Act they could
not represent any person before the Department of Public
Welfare for one year. 65 P.S. 5403(e). Rudy could not
represent anyone from December 31, 1979 to December 31,
1980. At present Rudy can work on any contract or represent
C.A.C.I. before the Department. Similarly, Nafe could not
represent C.A.C.I. from June 11, 1980 to June 11, 1981 but
now may represent C.A.C.I. before the Department and may
work on any contract between C.A.C.I. and the Department.
The names of both individuals may now appear on bids to be
submitted to the Department.
Max Marbain
June 17, 1981
Page 2
Conclusion: Public employees who have been out of State
employment for more than one year are free to work on a
contract between their former employer, the State, and their
current private employer. After this year has expired their
names may appear on bid proposals to be submitted to their
former employer, the Department of Public Welfare.
We assume that you will advise Mr. Rudy and Mr. Nafe of.
this ruling.
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.
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