HomeMy WebLinkAbout82-502 BriggsJanuary 20, 1982
ADVICE OF COUNSEL
Mr. Robert P. Briggs
Walter N. Heine Associates Inc.
528 South Hanover Street
Carlisle, PA 17013
Mailing Address:
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
82 -502
RE: Restricted Activities - Former Employee - DER - Hydrogeologist
Dear Mr. Briggs:
This letter responds to your December 24, 1981 request
for advice from the State Ethics Commission.
Issue: Does the Ethics Act present any limitations or
restrictions on your future association with the Department
of Environmental Resources (DER) through your business
activities as geologist for a private engineering firm?
Facts: From July 9, 1979 to November 9, 1981 you worked for
the Pennsylvania Department of Environmental Resources,
Bureau of Water Quality Management, Devision of Permits and
Compliances, Geotechnical Section. For the first year of
your employment, your classification was Geologist Trainee.
Thereafter, you were a Hydrogeologist I.
As a Hydrogeologist I in the Geotechnical Section, you
helped develop state underground coal mining regulations.
You made recommendations to your immediate supervisor who,
in turn, made recommendations to the division chief. You
had no independent decision making authority with regard to
the proposed regulations. Regulation drafts are submitted
to the House Mining Committee and then to the Environmental
Quality Board for final state approval. Finally, ultimate
approval must come from the federal government.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Mr. Robert P. Briggs
January 20, 1982
Page 2
While an employee in the Bureau of Water Quality
Management, you had no authority to grant or deny permits
for any activity, including underground coal mining. On
several occasions, however, you did perform the initial
hydrologic review for permit applications, under the direc-
tion of the section chief.
Since December 10, 1981, you have been a geologist for
a private engineering firm. Currently, you develop geologic
information for permit applications. Your work is subject
to review by a senior professional, a Registered Profes-
sional Engineer, and coporate management. You will not
personally represent applicants nor will you apply for any
type of permit from DER.
Discussion: Section 2 of the Ethics Act defines public
employee as:
Any individual employed by the
Commonwealth or a political
subdivision who is responsible
for taking or recommending
official action of a non -
ministerial nature with
regard to:
(1) contracting or procurement;
(2) administering or monitoring
grants or subsidies;
(3) planning or zoning;
(4) inspecting, licensing,
regulating or auditing any
person; or
(5) any other activity where the
official action has an economic
impact of a greater than a de
minimus nature on the interests
of any person. 65 P.S. §402.
While your tenure with the Department of Environmental
Resources did constitute employment by the Commonwealth, you
were not responsible, as a hydrogeologist, for taking or
recommending official action of a non - ministerial nature as
a public employee. Thus, the Ethics Act is not applicable
to you, a former Hydrogeologist I. For the same resons, the
Mr. Robert P. Briggs
January 20, 1982
Page 3
restrictions on representation imposed by Section 3(e) of
the Ethics Act do not affect your actions as geologist for
a private firm. You face no restrictions under Section 3(e)
from re- appearing and respresenting any person before DER
within the first year following your departure from DER.
Conclusion: As a Hydrogeolgist I in the DER's Bureau of
Water Quality Management, you were not a public employee for
purposes of the Ethics Act. Thus, the restrictions on
representation before the governmental body with which you
were associated do not apply to you. You may re- appear
before DER within the first year following your termination
of employment with DER 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.
Sincerely,
BF /rdp
cc: Edward J. Miller,
Deputy Secretary for Administration
Department of Environmental Resources
Sandra S. C istianson
General Counsel