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RE: Restrictions, Section 3 (e)
Dear Mr. Bunting:
Mailing Address:
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
September 28, 1981
ADVICE OF COUNSEL
Oliver Bunting
100 Stoner Drive
Mechanicsburg, Pennsylvania 17055
81 -624
•
This response to your communication of August 9, 1981 which
was received by the State Ethics Commission on September 11, 1981
in which you requested advice from the Ethics Commission.
Issue: You wish to be advised of any restrictions which would
be placed, on you as a "former public employee" with the
Department of Banking.
Facts: You indicate that you retired as of August 31, 1981
from your job as Executive Assistant to the Secretary of
Banking. You had served in this position since 1973 and you
exercised the duties of press officer and legislative liasion
officer.
You have been offered a position as a columnist and associate
editor of a financial monthly publication devoted to the
activities of financial institutions in Pennsylvania, New Jersey,
Delaware and Maryland. You intend to write a commentary which
will reflect your many years of experience in the field of
financial journalism which began in 1937 and included 15 years
with the Philadelphia Bulletin, 2 years with the Philadelphia
Inquirer and 18 years with the Eastern Banker and Eastern
Banker /U.S. Investor.
You hope to begin to write your first column for the Eastern
Financial Times beginning with the issue of November, 1981.
Discussion: The State Ethics Act provides that for indi-
viduals in the class "former public employees" certain
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Oliver Bunting
September 28, 1981
Page 2
restrictions on their activities must be imposed. These
restrictions are basically contained in Section 3 (e) of
the Ethics Act which provides as follows:
No former official or 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)
The 'restrictions contained in Section 3 (e) relate
strictly to that governmental body with which the individual
had been associated and preclude representation before that
body for the one year following that individual's termination
of service with public employment. In your case, your govern-
mental body would be the Department of Banking. Thus, you
would be precluded from "representing" any individual before
the Department of Banking as set forth in Section 3 (e).>
The activities which you describe in writing a column
for. the Eastern Financial Times do not fall within the
prohibitions of "representation" before the Department of
Banking as set forth by Section 3(e) of the Ethics Act.
In fact, your proposed activity would not be proscribed by
any particular section of the Ethics Act.
Conclusion: The Ethics Act does not prohibit you from engaging
in the activity of writing a column for the Eastern Financial
Times upon the termination of your service with the Department
of Banking or for the one -year period following termination
of said service.
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.
Oliver Bunting
September 28, 1981
Page 3
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.
SSC /lma
cc: Ben McEnteer, Secretary
Department of Banking
Sincerely,
Sandra 4410 hristianson
General Counsel