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HomeMy WebLinkAbout82-564 FrymiareKaren L. Frymiare PA Rural Electric Association 212 Locust Street, P.O. Box 1266 Harrisburg, PA 17108 -1266 RE: Section 3(e), Representation Dear Ms. Frymiare: Mailing Address: STATE ETHICS COMMISSION P.O. BOX 1179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 August 4, 1982 ADVICE OF COUNSEL 82 - 564 This responds to your letter of July 1, 1982, in which you requested advice from the State Ethics Commission. Issue: You ask for advice as to the application of the Ethics Act, in particular Section 3(e) of that Act, to you as a former public employee. Facts: You indicate that you are currently working for the Pennsylvania Rural Electric Association (PREA) in the Legal and Governmental Affairs Department. In this capacity you do legal research and may possibly be following the consideration of legislation of interest to the Association as it passes through the State Legislature. The main committee with which PREA is concerned or through which legislation, of concern to them passes is the Natural Resources and Energy Committee. You began this work as of June 14, 1982. Prior to June 14, 1982, you worked for Senator Clarence D. Bell, who served as Chairman of the Professional Licensure and Consumer Affairs Committee. In this capacity you were paid from Committee funds and you had held this post on a part -time basis from September, 1981, until June, 1982. From June, 1981, until August, 1981 (summer break from school), you were employed on a full -time basis. While so employed you worked for the Committee on tasks ranging from bill analysis to coordinating public hearings. Discussion: We assume, that you are to be considered a "former public employee" under the Ethics Act. As such, the Ethics Act specifically governs your conduct by provisions of Section 3(e) of that Act which provide as follows: State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Karen L. Frymiare August 4, 1982 Page 2 No former official or 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. 403(e). Before discussing what you are or are not permitted to do within the first year after you leave public employment it is necessary to determine the extent of your "governmental body" with which you have been associated. In a previous opinion, the Ethics Commission considered the scope of the term "governmental body" as applied to a former director of intergovernmental rela- tions on the staff of the Senate Minority Leader. Ewing, 79 -010. In that Opinion the Commission held that a former director's governmental body was the Office of the Senate Minority Leader. Analogously, your governmental body would be the Committee with which you worked, the Professional Licensure and Consumer Affairs Committee. Accordingly, you could not represent any person with or without compensation before that Committee for the one -year period following your termination of service with the Committee. The term "representation" has also been further interpreted by opinions of the Commission. Specifically, this term has been held to preclude, for the one -year period outlined in Section 3(e), the following activities: 1. Personnaily appearing before the Committee with which you were asso- ciated, including but not limited to negotiations on contracts awarded by or presenting to the Committee; 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 for this one -year period. In order to avoid the appearance of a conflict between your financial interest and the public trust, prohibited by the Ethics Act, therefore, you may also not participate in any manner or engage in lobbying, for example, on a specific matter, case or bill over which you had direct supervision, involvement or responsibility while with the Committee. See Dalton, 80 -056 and Adler, 79 -043. 4. Lobbying, that is representing the interests of any person, before the Committee or its members as to legislation, regulations, etc. See Morris, 80 -039 and Russell, 80 -048; Karen L. Frymiare August 4, 1982 Page 3 5. Signing and submitting under your own signature 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 be involved in administering a contract to provide technical assistance which is the subject of the proposal. See Dalton, 80 -056 and Kilareski, 80 -054. While these restrictions must be imposed and observed, you may, however, engage in the following activities: A. You administer rather than negotiate any contract that is to be awarded to any future employer or client so long as the contract is awarded without your name being included as noted in Items No. 5 and 6 above. B. You may make general informational inquiries of the Committee so long as no attempt is made to influence the Committee as noted above. C. You may utilize the knowledge and expertise gained during your tenure as public employee vis -a -vis any new employer except as set forth above. D. You may appear or represent any person on behalf of your new employer before any governmental agency and in third forums, such as state or federal courts. This means that you may deal with the Natural Resources and Energy Committee and other Committees of the House and Senate except the Professional Licensure and Consumer Affairs Committee of the Senate. Conclusion: As a former public employee your conduct should be guided by this Advice. The prohibitions and the activities allowable are noted above and should be met. In addition, as a former public employee you are required to file a Financial Interest Statement for each year that you hold office and the year following your termination of service. Accordingly, such a Financial Interest Statement should be filed no later than May 1, 1983. 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. Karen L. Frymiare August 4, 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 have any reason to challenge same, you may request that the full Commission review this Advice. A personal appearance before the Commission will be scheduled and a formal Opinion from the Commission will be issued. Any such appeal must be made, in writing, to the Commission within 15 days of service of this Advice pursuant to 51 Pa. Code 2.12. SSC /rdp Si cerely, a dra S. r1 General Coun -1 on