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HomeMy WebLinkAbout82-528 EllisMr. George Ellis 1 Walnut Street, West Camp Hill, PA 17011 Dear Mr. Ellis: Mailing Address: STATE ETHICS COMMISSION P.O. BOX 1179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 March 22, 4982 ADVICE OF COUNSEL RE: Section 3(e); Legislative Committee Staff Director This responds to your letter of March 8, 1982 in which you requested advice from the State Ethics Commission. Issue: What limitations will the Ethics Act place on your activities as an Executive Director of the Democratic Staff of the Mines and Energy Management Committee in the Pennsyl- vania House of Representatives, should you decide to leave the position? Facts: You informed us that you serve as the Executive Director of the Democratic Staff of the Mines and Energy Management Committee in the State House of Representatives. Your immediate Supervisor is Representative Ivan Itkin, Democratic Chairman of the Committee. Currently, your major job duties include: 1. Coordinating and overseeing Committee Staff activities; 82 -528 2. Researching energy - related issues and preparing briefs and reports on such issues for Committee members; 3. Drafting legislation and amendatory language to legislation for consideration by Committee members; and 4. Preparing analysis on legislation referred to the Committee. You are now considering employment with a private organization. The change would entail your resigning the position on the Committee Staff. Your job duties with your prospective employer would focus exclusively on the issue of coal. Specifically, your responsibilities would include: State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Mr. George Ellis March 22, 1982 Page 2 1. Drafting in -house reports and conducting research projects; 2. Preparing bill analysis; and 3. Lobbying state legislative and regulatory entities. Discussion: As an Executive Di.re;tor of the Democratic Staff of the House Mines and Energy Committee, you are a public employee subject to the Ethics Act, 65 P.S. 401 et seq. When you leave your posi on the Committee Staff, you will need to comply with the restrictions set forth in Section 3(e) of the Act: No former public employee shall represent a person, with or without compensation, on any matter before the govermental body with which he has been associated for one year after he leaves that body. 65 P.S. 403(e). In determining the affect of. Section 3(e) on your situation, the Commission must initially clarify the scope of your relevant "govermental body" In Ewing, 79 -010, the 'Commission held that the governmental body of ' 'the Senate Minority. Leader's former Director of Intergovernmental Relations was the office of the Senate Minority Leader. In Campbell,. 81 -652; the Commission found that the governmental body of a State. Representative's former legislative Assistant was that Representative's Office. See also Georgiadis, 81- 592, In the present analogous situation, the Commission finds that your govermental body is the House Mines and Energy Management Committee. Therefore, upon ending your employment with the Common- wealth, you may not represent any person, with. or without compensation, for one year after you leave the Committee, its staff or component parts. The Commission has interpeted "representation" to preclude the following activities for the one -year period: 1. Personnally appearing before the Committee in any representative capacity, including but not limited to contract negotiations; 2. Attempting to influence the Committee; 3. Participating in any manner in a specific case, matter or contract over which you had supervision, direct involvement, or responsibility while employed by the Committee. See Dalton, 80 -056; Adler, 79 -043. Mr. George Ellis March 22, 1982 Page 3 4. Lobbying - that is, representing the interest of another - before the Committee regarding legis- lation or regulations. See Russell, 80 -048; Morris, 80 -039. 5. Signing and submitting proposals, contracts, or other items to the Committee. - 6. Including your name on a bid proposal submitted to the Committee as an individual who would administer a proposed project. See Kilareski,; 80 -054. You may, however, engage in the following activities without restriction after you leave your current employment: 1. Make general informational inquiries of the Committee if you do not attempt to inlfuence the Committee as noted above; 2. Except as noted above, use the knowledge and experience gained as a public employee; - 3. Represent a person before other governmental bodies, including legislative committees other than the House Mines and Energy Committee, and in third forums; and 4. Administer, but not negotiate, any contract awarded to a future employer by the Committee, as long as the contract is awarded without your name being included thereon, as noted in Nos. 5 and 6 above. Conclusion: As an Executive Director for the Democratic Staff of a House Committee, you will become a "former public employee" should you leave the State to accept employment with a private organization. Thus, your conduct should be guided by this Advice. The restrictions described and the actions allowed by you upon your retirement from State employment, as noted above should be observed for the first year after you leave your current position. 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. Mr. George Ellis March 22, 1982 Page 4 This letter is a public record and will be made available as such. Finally, if you disagree with this Advice or if you the have any reason to challenge same, you may A personal appearance led and a formal Opinion be scheduled full Commission review this Advice. before the Commission may You should make such a from the Commission will be issued. of this Advice within request or indicate your disapproval the next 30 days. BF /rdp cc: K. Leroy Irvis Edward P. Zemprelli Robert C. Jubelirer Samuel E. Hayes, Jr. Sincerely, Sandra S. Chr'stianson General Coun el