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HomeMy WebLinkAbout81-652 CampbellLoudon L. Campbell, Esq. P.O. Box 1188 Harrisburg, PA 17108 Mailing Address: STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 December 23, 1981 ADVICE OF COUNSEL State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania 81 -652 RE: Section 3(e); Representative's Administrative Assistant Dear Mr. Campbell: This responds to your letter of November 30, 1981, in which you as counsel to the Pennsylvania Builders Association, requested an opinion from the Ethics Commission. We note that Mr. Rhoads is aware of your request for advice and we assume that you will advise him of this response. Issue: You requested advice as to the application of the Ethics Act to a Legislative Assistant to a Pennsylvania State Representative. Facts: You informed us that the Pennsylvania Builders Associa- tion desires to employ Stephen W. Rhoads as its Director of Governmental Relations. Rhoads will assume this position on January 18, 1982; he is now employed by the Pennsylvania House of Representatives. Since August of 1980 Rhoads has been Legislative Assistant to Representative Ivan Itkin, the Demo- cratic Chairman of the House Mines and Energy Management Committee. As a legislative assistant, Rhoads worked on school tax and finance problems, community development and social service issues. Occasionally he drafts bills and amendments on those issues for Representative Itkin but he does not make policy recommendations to the Committee. Rhoads also handles the Representative's public relations duties. As a Director of Governmental Relations for the Builders Association, Rhoads will be a registered lobbyist. Discussion: The Ethics Act, 65 P.S. §401 et. seq., imposes certain restrictions on the conduct of former public employees. Section 3(e) specifically provides that: No former ... public employee shall represent a person, with or without compensation, on any matter before Loudon L. Campbell December 23, 1981 Page 2 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 Stephen Rhoads is permitted to do as a former public employee it is necessary. to determine the extent of the "governmental body" with which he has been associated. In its decision in Ewing, 79 -010 the Ethics Commission considered the scope of the term "governmental body" as applied to a former Director of Intergovernmental Relations on the staff of the Senate Minority Leader. There the Commis- sion held that the Former Director's governmental body was the Minority Leader's office. Analogously, the "governmental body" with which Rhoads was associated is the office of Representative Ivan Itkin. See also Georgiadis, 81 -592. Accordingly, Rhoads may not represent any person, with or without compensation, before the Representative for one year after he leaves the Representative's office. The meaning of "representation" has been interpreted by the Ethics Commission to preclude the following activities for the one year period: (1) Personally appearing before the Representative with . whom Rhoads was associated, including but not limited to contract negotiations. (2) Attempting to influence Representative Itkin; (3) Participating in any manner in a specific case, matter or contract over which Rhoads had supervision, direct involvement or responsibility while employed by the Representative. In order to avoid the appearance of a conflict of interest forbidden by the Ethics Act, Rhoads may not lobby on any specific matter, case or bill over which he had such supervi- sion, direct involvement or responsibility while with the Representative. See Dalton, 80 -056 and Adler 79 -043. (4) Lobbying, that is representing the interest of any other person, before the Representative as to legis- lation or regulations. See Russell, 80 -048; Morris, 80 -039. (5) Signing and submitting under Rhoads' own signature proposals, contracts or other items to the Represen- tative. (6) Including Rhoads' name on a bid proposal submitted to the Representative as an individual who would administer a proposed project. Kilareski, 80 - 054 Loudon L. Campbell December 23, 1981 Page 3 SW /rdp Rhoads may engage in the following activities: (1) He may make general informational inquiries of the Representative if no attempt is made to influence the Representative as noted above; (2) Except as noted above, Rhoads may use the knowledge and experience gained as a public employee. (3) Rhoads may represent any person before any govern- mental agency including Representatives other than Representative Itkin and in third forums except as noted in No. 3 above. (4) Rhoads may administer, rather than negociate any ' contract awarded to a future employer so long as that contract is awarded without his name being included as in items 5 and 6 above. Conclusion: As a former public employee your conduct should be guided by this Advice. The prohibitions and the activities allowable are noted and should be observed. 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. Sincerely, c7.2161 Ve,ex,a6,7 a S. %hristianson General .unsel