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Home My WebLink About81-603 QuigleyRobert E. Quigley RD #2, Box 1219 Duncannon, PA 17020 Mailing Address: STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE: (717) 7::;3 -1610 August 11, i93'_ ADVICE OF COUNSEL State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania 83.:.603 RE: Restricticns, Representation Dear Mr. Quigley; This responds to your communication of July 28, 198' Issue: In that communication you asked for dvice as to the application of the Ethics Act to your pcsitiin as a former public employee. Facts: You have been employed by the Senate of Pennsylvania since October 1, 1973 in a number of different capacities. However, the most recent and relevant employment history includes your service in two specific positions. The most recent and the present position which you hold began in January 1, 1981, when you were assigned to Senator Robert J. Mellow, Minority Caucus Secretary. From January 1, 1981 to present you served as the Senator's Executive Assistant. You managed the Senator's Harrisburg Office, supervised and trained the staff, supervised the preparation of constituent inquiries and requests, In this role you discussed proposed legislation with Senator Mellow and represented the Senator with regard to legislation and other governmental issues in discussions with his constitutents and with the media. You also handled information relative to executive nominations so that Senator Mellow would have such information available for his use as Minority Caucus Secretary. You were paid from an account controlled by the Minority Leader. However, your responsibility did not extend beyond the office of Senator Mellow and you did not recommend action to any other Senator during this period, although you did have contact with other Senators and staff members by virtue of working for Senator Mellow. Robert E. Quigley August 11, 1981 Page 2 Prior to January 1, 1981. from December 16, 1977 your assignment to Senator Mellow involved work with tie Senate Environmental Resources Committee which Senator Mellow chaired. In this position you were paid from funds authorized for expenditure by the Senate Environmental Resources Committee. In this role, you participated in the affairs normally conducted by a Senate standing committee which included researching issues, preparing bill analysis, and responding to inquiries for the Chairman of the Committee and other Committee members. You note that the last official meeting of the Senate Environmental Resources Committee under the chairmanship of Senator Mellow occurred on September 23, '_980. Discussion: The State Ethics Act specifically governs the conduct of a former public employee in Section 3(c) which provides that: 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� Before discussing what you are permitted to rio as a former public employee it is necessary to determine the extent of the "governmental body" with which you may have been associated while employed with the State Senate. In a previous opinion, the Ethics Commission considered the scope of the term "governmental body" as applied to a former director of intergovernmental relations on the e;L :f of the Senate Minority Leader. Ewing, 79 -010. There the Commission held that the former Director's governmental body was the office of the Senate Minority Leader. Analogously, your governmental body, on the facts as you presented them, for your last period of employment would be the office of Senator Robert J. Mellow. Accordingly, you may not represent any person with or without compensation before the Senator for the one -year period following your termination of service as the Senator Executive Assistant. In addition, because you have worked with the Senate Environmental Resources Committee from December 16, 1977 to January 1, 1981, you must also be deemed to have been associated with that Committee. In regard to the Senate .Environmental Resources Committee, we find that you have been associated with this Committee, its component parts and Robert E. Quigley August 11, 1981 Page 3 staff. Accordingly, you may not "represent" any person before the Senate Environmental Resources Committee its component parts or staff for a period of one year after you have left that Committee. This means that no representation may occur before this governmental body for the period of January 1, 1981 through January 1, 1982. Finally, we must explore the dimensions of the prohi- bitions against "representation." The term "representation" has been interpreted by opinions of the Commission. Specifi- cally, this term has been held to preclude, for the one -year periods set forth above in relation to the governmental bodies associated with those various periods, the following activities: 1. Personally appearing before those governmental ' bodies with which you were associated, including but not limited to negotiations on contracts with those rodies1 2. attempting to influence those governmental bodies .tor the prohibited periods; 3. participating in any manner in a specific case, ; or contract over which you have supervision, direct involvement, responsibility while employed in either of the two roles enunciated above. In order to a -cid the appearance of a conflict of interest, prohibited by the Ethics Act, therefore, you may not participate in any manner or engage in lobbying, for example, on any specific matter, case or bill, over which you had supervision, direct involvement or responsibility while serving in either role with either governmental bodies for the one -year period associated with that particular governmental body. See Dalton, 80 -056 and Adler, 79- 043. 4. lobbying, that is representing the interest of any person before the governmental bodies for the one -year period associated with each of the governmental bodies as enunciated above, as to legislation, regulations, etc. See Morris, 80 -39 and Russell, 80 -048; 5. signing and submitting under your own signature, proposals, contracts, or other items to the governmental bodies outlined aboved for the one -year period associated with the governmental bodies as enunicated above. Robert E. Quigley August 11, 1981 Page 4 6. including your name on a bid proposal submitted to the governmental bodies as an individual who would be involved in administering any contract to provide technical assistance which is subject to the proposal. See Dalton, 80 -056 aid Klareski, 80 -054. While these restricticas must be imposed upon you by the Ethics Act for the c,ne- ear period associated with each of the governmental bodies as enunciated above, however, you may engage in the following activities: A. You may administer, rathe_ than negotiate, any contract that is o be awarded to any future Employee.: b-- client so long as that contract is awarded without your name being inclu�:ed as noted in items 5 and 6 above. B. You may maae general informational inquiries of the governmental bodies no long as no attempt is made to influence the governmental bodies as prohibited above. C. You may utilize the knowledge and expertise gained during your tenure as a public einplcyee vis-a-vis the. clients or other employers except as prcLibited above. D. You app ar and represent any person on r half o - ny client c: any new employer befcre any gc.tei rrnent .l :body and in t ird forums, such as state or federal courts, except a set forth in number 3 above. Conclusion: As a former public employee your coaduct should be guided by this Advice. Prohibitions and the activities allowable are noted above and these shoulc'. ae met. Keep in mind that the one -year prohibition a s• to the office of Senator Robert J. Mellow extends from the date of your termination of public employment with : eaE for hellc,°-i (January 1, 1981) and extends for a one-year periol firea that date of termination. The one -year prohibition `r relation to your association with the Senate Environmental Resources Committee, which ended cn January 1, 19s31, extends to January 1, 1982. In addition, as a former public employee you are required to file a Financial Interest Statement for each year that you hold office and the year following your termination of service. A Financial Interest Statement should be filed no later than May 1, 1982. Robert F. Quigley August 11, 1981 Page 5 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 th.a 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'br indicate your disapproval of this Advice within the next 30 days. SSC /rdp cc: Henry G. Hager, President Pro Tempore Sincerely, ra S. Christianson General Counsel