HomeMy WebLinkAbout81-581 BossoltR. Lawrence Bossolt
926 Weber Lane
Erie, PA 16509
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
June 25, 1981
ADVICE OF COUNSEL
81 - 5 81
RE: Section 3(e), Restrictions on Representation
Dear Mr. Bossolt:
This responds to your letter of June 9, 1981, in which you
requested an opinion from the Ethics Commission.
Issue: In your letter you asked whether the Ethics Act forbids
you from contracting with municipalities that receive funds
from your former employer, the Pennsylvania Department of
Community Affairs.
Facts: You informed us that you are now employed by the
Pennsylvania Department of Community Affairs as a Planner III
in the Erie Regional Office. You will leave employment with
the Department on June 30, 1981. After leaving the Department
you would like to become a professional planning consultant
offering your services to local governments and regional
agencies. These potential clients are eligible for planning
and development grants from various agencies of the Common-
wealth, including the Department of Community Affairs.
Discussion: There is no violation of the Ethics Act, 65 P.S.
§401 et seq., when you contract to provide professional planning
services to a governmental unit that receives a grant from an
agency of the Commonwealth other than the Department of Community
Affairs. You may freely contract with a municipality and may
represent that community before all agencies except the Depart-
ment of Community Affairs.
As a former public employee in the Department of Community
Affairs your activities are restricted by Section 3(e) of the
Act, which provides that you may not represent any person
before the Department for one year after leaving public employ-
ment. This does not mean that you cannot contract with munici-
palities receiving Department grants. You may enter into such
contracts provided the representation restrictions are strictly
adhered to in your work.
R. Lawrence Bossolt
June 25, 1981
Page 2
The Commission has held these prohibited activities
constitute representation and are forbidden for one year:
(1) Personal appearance before the governmental body, in
your case the Department of Community Affairs. See
Morris.
(2) Attempts to influence the Department, Morris 80 -039.
An attempt to influence the Department includes preparing,
signing and filing requests for funding but you may assist in
preparing such requests where another person signs as the
preparer. Kilareski, 80 -054.
There are other activities which are not considered
"representation" within the meaning of the Act. You may engage
in these activities:
(1) Members of your firm are not barred from representing
municipalities before the Department;
(2) You may make general informational inquiries on
matters subject to inquiry by the public, Morris; and
(3) You may make general use of the knowleded and
experience gained as a public employee except as set
forth above, Morris; and
(4) You may appear on behalf of a municipality in any
forum but the Department, Morris
Conclusion: As a former public employee in the Pennsylvania
Department of Community Affairs you may contract with and
represent clients freely before all Commonwealth agencies
except the Department. You may contract with a municipality
that receives grants from the Department. If your duties
involve representing clients before the Department you may not:
(1) make personal appearances; or
(2) attempt to influence the Department in any way, for
example, by signing requests to the Department for
funding.
You may:
(1) have associates prepare and sign funding requests to
the Department.
(2) make general informational inquiries of the Department
similar to those made by the public;
(3) make use of experience and knowledge gained as a
public employee; and
R. Lawrence Bossolt
June 25, 1981
Page 3
(4) appear on behalf of a client in any forum but the
Department of Community Affairs.
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
Sincerely,
dra S.
General C
ristianson
nsel