HomeMy WebLinkAbout81-595 KistlerMailing Address:
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
July 20, 1981
ADVICE OF COUNSEL
Michael T. Kistler
RD #7, Box 252
Gibsonia, PA 15044
RE: Former Public Employee, Section 3(e)
Dear Mr. Kistler:
81 -595
This responds to your letter of May 1, 1981, in which you
requested an opinion from the Ethics Commission.
Issue: You asked for advice as to the application of the
Ethics Act to a former public employee.
Facts: You informed us that you were a safety inspector for
the Pennsylvania Department of Labor & Industry, Bureau of
Occupational and Industrial Safety (BOIS). On April 12, 1981
you retired from your position. You now wish to work with a
firm involved in assisting businesses with regulatory compliance.
Your duties will include preparing plans of corrections and
petition request preparation and we assume, taking appeals to
the Industrial Board of the Department of Labor and Industry as
well as developing loss prevention programs.
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 official action
of a non - ministerial nature with regard to inspecting, licensing
or regulating any person. 65 P.S. §402. You were employed by
the state as a safety inspector and thus were a public employee
within the meaning of the statute.
The Act regulates the conduct of former public employees
in Section 3(e), which provides:
No former .... public 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).
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Michael T. Kistler
July 20, 1981
Page 2
The governmental body which you were associated was
the BOIS and the Industrial Board (hereinafter, the "Board ").
Generally, you not make a personal appearance before the
BOIS or the Industrial Board for one year after April 21 1981.
Nor may you attempt to influence_ either the Board or BOIS
Mor 80 -039. The Commission has held that an attempt to
influence a governmental -body includes preparing and signing
proposals. Kilareski, 80 -054. Therefore, you may not prepare
and personally sign plans of correction or petition requests
submitted to the BOIS or the Industrial Board for one year
after leaving state employment.
This does not prohibit your firm or associates from
appearing before the Board of the BOIS. Your firm may prepare
and submit plans or petitions to either, the BOIS or the Board.
You may, assist in preparing these plans so long as you and /or
your "name" as outlined above do not appear before the govern-
mental bodies with which you were associated, i.e. BOIS or the
Board. Kilareski, 80 -054.
Further, you may make information inquiries similar to
those made,by the general public. You may use the knowlege and
experience obtained as a public employee except as set forth
above. You may also make personal appearances or sign proposals
submitted to state agencies other than the BOIS or the Board.
The Ethics Act does not govern your conduct with relation
to federal agencies. See Morris, 80 -039.
Conclusion: A safety inspector employed by the BOIS is a
public employee. For the purposes of Section 3(e) the_govern-
mental bodies with which you were associated were the BOIS and
the Industrial Board.
You may not:
(a) appear personally before the BOIS or the Board; or
(b) attempt to influence the BOIS of the Board; or
(c) prepare and sign proposals, plans or appeals submitted
to the BOIS or the Board.
You may:
(1) assist in preparing proposals sent to these govern-
mental bodies without signing them; and
(2) make inquiries of the governmental bodies similar to
requests made by the general public;
(3) use knowledge and experience gained as a public
employee; and
SW /rdp
cc: Barry H. Stern, Deputy Secretary
Department of Labor & Industry
Michael T. Kistler
July 20, 1981
Page 3
(4) represent clients before state agencies other than
BOIS or the Board or any federal agency.
Your firm without using your name as'prohibited in (c)
above, may represent clients before BOIS or the Industrial
Board without restriction.
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.
Sandra S. ristianson
General Co '�nse1