HomeMy WebLinkAbout83-503 RodmanMr. Reed M. Rodman
Red Rose Transit Authority
45 Erick Road
Lancaster, PA 17601
RE: Representation, Transit Authority
Dear Mr. Rodman:
Nadir. Address:
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
Janaury 1{ , 1983
ADVICE OF COUNSEL
83 - 503
This responds to your letter of September 15, 1982, in which you
requested advice from the State Ethics Commission.
Issue: You ask whether your new position with Whitmore /Rodman Associates will
in any way curtail your future involvement with the Red Rose Transit Authority
(RRTA), your former employer.
Facts: You were employed for the last eight and one -half years as Executive
Director of the Red Rose Transit Authority in Lancaster and recently served as
President of the State Transist Association. You and your partner have formed
Whitmore /Rodman Associates, a firm specializing in transit advertising. You
have purchased the transit - advertising rights in the following areas
- Harrisburg, Allentown, York, Lancaster, Pottstown and Hagerstown (MD) - from
an organization called Lackey and Lamdin of Richmond, VA. Assignment of
present contracts have been received from York, Harrisburg and Allentown.
There is no assignment needed for the Lancaster, Pottstown and Hagerstown
areas.
You officially ended your employment with the Red Rose Transit Authority
on September 30, 1982,and began your new business on October 1, 1982.
Discussion: You are a former public official as that term is defined in the
Ethics Act, 65 P.S. 401 et seq. Therefore, the question at hand must be
reviewed in light of the term "representation" and the prohibition contained
in Section 3(e) of the Ethics Act. The Commission has had occasion to
interpret the word "representation" in previous opinions. See Kilareski,
80 - 054 and Dalton, 80 -056. This prohibition and term have been held to
preclude for the one -year period following your termination of public
employment the following:
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Mr. Reed M. Rodman
January 7, 1982
Page 2
1. personal appearance before the governmental body with which you were
associated here RRTA, including but not limited to negotiations on
contracts;
2. attempts to influence that governmental body;
3. participation in any manner in a case over which you had supervision,
direct involvement, or responsibility while employed with the
governmental body;
4. lobbying, that is representing the interests of any person, before
that governmental body as to legislation, regualtions, etc. See
Morris, 80 -039 and Russell, 80 -048.
In this regard, a former public employee such as yourself may not leave
his position and then sign and submit bid proposals to his former governmental
body within a one -year period. Specifically, while you could adminiiter a
contract awarded to Whitmore /Rodman Associates, you could not negotiate a new
contract or changes in an existing contract between the RRTA -- the
governmental body with which you were associated -- and Whitmeore /Rodman for
the one -year period after leaving the Authority.
With regard to the submission of new bids by Whitmore /Rodman to the RRTA,
your conduct for the year after you leave the RRTA would be regulated by the
following criteria:
A. You may not sign and submit under your own signature proposals for
Whitmore /Rodman although you could assist in preparing such bids;
and
B. Your name could not be listed in the bid proposal as an individual
who would be involved in administering the contract or providing
technical assistance on the subject of the proposal; but you may
administer, rather than negotiate, any such contract that is awarded
in accordance with the limitations expressed here.
It should be noted however, that a former public employee /official may
appear in a third forum, such as state or federal court, may make general
informational inquiries of the nature made by the public of their former
governmental body, and may utilize the knowledge and expertise gained in their
tenure as public servants, except as set forth in numbers 1 through 4 above.
You may not, however, use confidential information gained through your prior
office to obtain financial gain for yourself, your family, or a business with
which you are associated, i.e., Whitmore /Rodman Associates.
Mr. Reed M. Rodman
January 7, 1982
Page 3
Conclusion: You are a former public official and your conduct as such is to
be guided by the standards set forth above. These prohibitions will last for
a one -year period from the date you terminated your employment with the Red
Rose Transit Authority.
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.
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..
CW /rdp
This letter is a public record and will be made available as such.
Sincerely,
Sandra S. Christianson
General Counsel