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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