HomeMy WebLinkAbout82-512 StahlmanJerry I. Stahlman
Stallman & Stahlman, Inc.
139 E. Market Street
York, PA 17401
Mailing Address:
STATE ETHICS COMMISS'JN
P.O. BOX 1171
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
February 5, 1982
ADVICE OF COUNSEL
RE: Restrictions, Representation
Dear Mr. Stahlman:
1982.
82 -512
This responds to your communication of January 15,
Issue: In that communication you ask advice of the State
Ethics Commission relative to any restrictions 'imposed by
the State Act upon you as a former supervisor in a Second
Class Township.
Facts: As of January 1, 1982 your position as an elected
supervisor in a Second Class Township ended. By profession
you are a contractor and a registered engineer. Following
the termination of your service with the Second Class
Township you will have opportunities to bid on or negotiate
contracts for services including contracts with the Second
Class Township in which you served as a supervisor. In
particular, there is an upcoming contract and you wish to
respond to this contract request if you are permitted to do
so under the Ethics Act.
Discussion: In your position as an elected supervisor of a
Second Class Township you were clearly a "public official"
as that term is set forth in the Ethics Act. See 65 P.S.
402. As a consequence the State Ethics Act governs your
conduct as a "former public official." I note that the
jurisdiction of the Ethics Act extends only to interpreta-
tions of that Act. As a consequence we cannot render any
interpretation of any prior or continuing restrictions under
the Second Class Township Code. However, under Section 3(c)
of the Ethics Act it is clearly stated that:
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Jerry I. Stahlman
February 5, 1982
Page 2
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. (03(c).
Therefore, in general, you would not be permitted to
Gppear or represent any "person" before the Second Class
Township with which you had been associated for a one -year
period after you had terminated your service with that
Township. I note that the term "person" is defined in the
Ethics Act as:
A business, individual, corpo-
ration, union, association,
firm, partnership, committee,
club, or other organization
or group of persons. 6F P.S, 402.
In addition, the Commission has defined the dimensions
of the ter. "representation" in various Opinions. This term
has been held to preclude for the one -year period involved
the f D l.e swing activities:
1. Personally appearing before the Second Class
Township with which you were associated, including
but not limited to negotiations on contracts with
that township;
2. Attempting to influence the Township or its personnel;
3. Pecticipating within this one-year period in any
manner or specific case over which you had supervision
or direct involvement including responsibility
while associated with the Township. Note that
this prohibition relates to the Township only and
does not preclude your participation on such
matters over which you had specific responsibility
so long as that participation does not include
representation before the Township as ennunciated
herein.
4. Lobbying, that is, representing the interest of
any person before the Township for the one° -•yeex
period as to legislation, regulations, ordinances,
etc. Morris, 80_ -039 and Russell, 80 -048;
5. Signing and st:bmitting under your own name corre-
spondence, proposals, contracts or other items to
the Township.
Jerry I. Stahlman
February 5, 1982
Page 3
6. Including your name on a bid proposal submitted to
the Township as the individual who would be involved
in administering any contract or in providing
technical service on a contract which is subject
to the proposal. See Dalton, 80 -056 and Kilareski,
80 -054.
In regard to your firm, the Commission would not prohibit
the firm itself from making applications af bid proposals to
the Township notwithstanding the fact that your name is
contained within the firm's title, so long as those proposals
were submitted in accordance with Items 1, 2, 5, and 6
above. It should also be noted that the Commission has
ruled that while you may not engage in the activities in
order to secure a contract enumerated in Items 1, 2, 5, and
6 above, the Commission has concluded that you may administer
rather than negotiate or secure any contract so long as that
contract was without your engaging in those activities
enumerated in 1, 2, 5, and 6 above.
Thus, while the restrictions imposed upon you by the
Ethics Act for the one -year period following your termination
of service are noted you may engage in the following
activities in relation to the Second Class Township or any
other body within the one -year period as follows:
A. You may administer rather than negotiate or re-
negotiate any contract that exists or is to be
awarded to your firm so long as that contract is
awarded without your name being included (except
as part of the firm's title) as noted in Items
5 and 6 above as well as complying with Items 1
and 2 above.
B. You may make general information inquiries of the
Township or any other body so long as no attempt
is made to influence the Township as prohibited
above.
C. You may utilize the knowledge and expertise gained
during your tenure as a public official in relation
to clients or other employers except as outlined
above.
D. You may appear and represent any person on behalf
of any client or your firm before any governmental
body other than the Township with which you are
associated.
Jerry I. Stahl , . n
February 5, 1982
Pagc. 4
Conclusion: As a former r_75blic official your conduct should
be guided :.)y this advice.,. Prohibited activiticr and those
allowed are r.:jted above and these should be met. 7n addition,
as a former public official you are required to file: a
Financial Interest Statement for each year that you hold
office and the year following your termination of service iv .
office. Thus, a Statement of Financial Interest should be
filed no later than May 1, 1982, in order to meet this
requirement of the Ethics Act.
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.
SSC /rdp
Sincerely,
ndra r:istianson
General Counsel