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HomeMy WebLinkAbout82-565 SarnePamela J. Sarne 411 Spring Valley Road C -7 Harrisburg, PA 17109 Dear Ms. Sarne: Mailing Address: STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 August 4, 1982 ADVICE OF COUNSEL RE: Section 3(e): Senator's Legislative Assistant 82 -565 This responds to your letter of July 21, 1982 in which you requested an opinion from the State Ethics Commission. Issue: You asked for advice as to the application of the Ethics Act and, in particular, Section 3(e) to an administrative assistant to a Pennsylvania State Senator. Facts: You indicated in your correspondence that you are currently classified as a Legislative Assistant III and you are employed by Senator Leonard J. Bodack. Senator Bodak serves as Minority Chairman for the Senate Consumer Protection and Professional Licensure Committee. However, you are responsible only to Senator Bodack and you are paid out of the Senator's funds and not assigned generally as research staff to the Committee. You do not serve other members of the Committee but you do have as part of your job responsibilities researching and reviewing legislation reported to the Committee for Senator Bodack. You are contemplating acceptance, if offered, of a position as Assistant Manager for government relations for a professional association. Discussion: The Ethics Act specifically governs the conduct of a former public employee, which we assume you are, in Section 3(e) which provides that: 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). State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Pamela J. Sarne August 4, 1982 Page 2 Before discussing what you are pemitted to do as a former public employee it is necessary to determine the extent of the "governmental body" with which you have been associated while in government service. In a previous opinion, the Ethics Commission considered the scope of the term "governmental body" as applied to a former director of intergovernmental relations on the staff of the Senate Minority Leader. Ewing, 79 -010. There the Commission held that a former director's governmental body was the Office of the Senate Minority Leader. Analogously, because you are associated and paid by and work for Senator Bodack, your governmental body is the Office of Senator Leonard J. Bodack. Accordingly, in conformity with Section 3(e) of the Ethics Act you may not represent any person with or without compensation before the Senator for the one year period following your termination of service with the Senator. See Georgiadis, 81 -592. The term "representation" has also been further interpreted by Opinions of the Commission. Specifically, this term has been held to preclude for that one year period itemized in Section 3(e) the following activities: 1. Personally appearing before the Senator with whom you were asso- ciated, including but not limited to negotiations on contracts; 2. Attempting to influence him; 3. Participating in any manner on a specific case, matter or contract over which you had supervision, direct involvement or responsibility while employed with the Senator for the one year period. Also, in order to avoid the appearance of a conflict of interest, prohibited by the Ethics Act, you may not participate in any manner or engage in lobbying, for example, on a specific matter, case or bill over which you had direct supervision or involvement or responsibility while with the Senator. See Dalton, 80 -056 and Adler, 79 -043. 4. Lobbying, that is representing the interests of any person or group before the Senator as to legislation, regulations, etc. See Morris, 80 -039 and Russell, 80 -048; 5. Signing and submitting under your own signature proposals, contracts or other items to be submitted to the Senator; 6. Including your name on a bid proposal submitted to the Senator as the individual who would be involved in administering any contract to provide technical assistance which is the subject of the proposal. See Dalton, 80 -056 and Kilareski, 80 -054. Pamela J. Sarne August 4, 1982 Page 3 While these restrictions are imposed upon you in accordance with Section 3(e) you may, however, engage in the following activities even within the one year after you leave public service: A. You may. administer rather than negotiate any contract that is to be awarded to any future employer, so long as that contract is awarded without your name being included as noted in items Numbers 5 and 6 above. B. You may make general informational inquiries of the Senator so long as no attempt is made to influence the Senator as noted above. C. You may utilize the knowledge and expertise gained during your tenure as a public employee vis -a -vis consulting clients or new employers except as set forth above. D. You may appear and represent any person on behalf of any new employer or client before any governmental agency and in third forums, such as state or federal court. 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 for 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. This letter is a public record and will be made available as such. Pamela J. Sarne August 4, 1982 Page 4 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 ryFerely, andra S. ri ianson General Couns