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HomeMy WebLinkAbout82-515 PohehausMailing Address: STATE ETHICS COMMISSION P.O. BOX 1179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 February 16, 1982 ADVICE OF COUNSEL Mr. Ernest G. Pohehaus, Jr. Low Income Energy Assistance Program 1326 Buttonwood Street, 1st Floor Philadelphia, PA 19123 82 -515 RE: Former Employee Nursing Home Program - Cirrent, Simul- taneous Employment - Consultant, Nursing Home Program Employee, Energy Assistance Program Dear Mr. Pohehaus: In addition to your potential employment with the Nursing Homes as an independent contractor - consultant, you have accepted a position with the Philadelphia County Board of Assistance "Energy Assistance Program." Your present assignment is with the Vine District. Stec Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania This responds to your letter of November 30, 1981, in which you requested an opinion from the State Ethics Commission. Issue: Does the Ethics Act restrict or bar your ability to act as a constultant /independent contractor for Nursing Homes where you worked for the Nursing Home Program (Philadelphia County) and where you were recently furloughed, and to act simultaneously as an employee of the Energy Assistance Program for the Department of Public Welfare's (DPW's) Philadelphia County Board of Assistance? Facts: For the past thirteen years, you have worked for the Philadelphia County Board of Assistance in its Nursing Home Liaison Program, reveiwing the eligibility of Medicaid candidates. Furloughs throughout the Department of Public Welfare included abolishing your position within the Nursing Home Program. Your expertise in the area, including seventeen years in the field of geriatrics, has led to the Nursing Home Administrator's offering you work as a self - employed consultant on an independent contractual basis. Mr. Ernest G. Pohehaus, Jr. February 16, 1982 Page 2 Discus: ion: .Ts -.. employee reviewing medicaid eligibility in the Nursing Home Program and now as a member of the Energy Assis Program, you have been and continue to be a public employee subject to the Ethics Act. 65 P.S- f/:°1 et. seq. Thus, your activities subsequent to your f: ,_ 1Qugh by the Nursing Home Program (Philadelphia Coi n_y P a <_ f Assistance) are to be guided by the Act, espE.ciai°Iy Section 3 (e) : No former ... public employee shall represent a person, - -: +.tr or without compensation, c' any matter before the governmental body with which he has been associated for one year after he leaves that body. 65 P.S. 5433. Section 3(e) bars you from representing any person befcr:e the Philadlephia County Board of Assistnc =, for one year following the date of your furlough. You may asst on behalf of the Nursing Home Administrators as a .pelf- employed consultant, so long as you do not appear personally before the Philadelphia County Board of Assistance in a represen- tative capacity or attempt to use your prior position in the Program to influence the actions of the County Board. I should note that there is some question as to w:iether you have even become a "former public employee" in that your change in positions (Nursing Home Liaison Program to Energy Assistance Program) within the Philadelphia County Board of Assistance parameters could be characterized as a change within one govermental body rather than a departure. See Cohen. However, even assuming a departure, your proposed activities with relation to Nursing Home Administrators and. the County Board would be permitted under thc: Ethics Act so long as no "representation" before the Board occurs. Your self- employment as a consultant for Nursing Home Administrators would not conflict with your new position in the Energy Assistance Program. As you have observed, there is no connection between the two programs. Of course, the other restrictions of Section 3 of the Ethics Act are still applicable to you as a public employee in the Energy Assistance Program. Thus, you may not use your public position in any program or any confidential information received through your public office or employment to obtain financial gain other than compensation provided by law. You may not solicit or accept anything of value based on the understanding that your official action or judgment will be influenced thereby. Mr. Ernest G. Pohehaus, Jr. February 16, 1982 Page 3 Conclusion: The Ethics Act does not precelude your working for Nursing Home Administrators as a self - employed consul- tant. Your work, to be perfectly secure under the Ethics Act should not include, however, representing any person before the Philadelphia County Board of Assistance - -- Nursing Home Program in the year following the dat' of your furlough. Your present employment with the Energy Assistance Program, because of its being totally separate from the Nursing Home Program, would not present any obs.acle to your proposed consultant work with Nursing Home Administer: tors, Your action relating to both programs, of course, must conform to the requirements and policies established by the Ethics Act, including those limitations contained in Section 3 discussed above. 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. BF /rdp cc: Helen B. O'Bannon, Secretary Department of Public Welfare Si cerely, Sandra S. istianson General Co nsel � N:eA ZaJ, � .