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HomeMy WebLinkAbout83-509 GeilingHarold Geiling RD #2 Dillsburg, PA 17019 Mailing Address STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 February 9, 1983 ADVICE OF COUNSEL RE: Restrictions, Representation, Employment Dear Mr. Geiling: 83 -509 This responds to your letter of November 30, 1982, in which you requested advice from the State Ethics Commission. Issue: You ask whether you may accept certain employment following your termination of service with the Department of General Services (DGS). Facts: You had been employed as the head of Building and Heating Ventilation Services at the State Capitol facilities. In this capacity you technically worked for DGS. As of September 1, 1982, you began a one -month leave of abscence and then on December 1, 1982, your official retirement from State service took effect. While employed with DGS you were a supervisor but were not directly involved in making contracts or other policy decisions. In particular, you played no role in reviewing or approving the contract related to the renovations and additions being made to the State Capitol under contract DGS No. 948 -12 AD awarded to H. F. Lenz Company (hereinafter Lenz). The decisions in relation to the criteria and specifications for this particular project were developed by Lenz as approved by DGS. Recently you have been asked to accept employment with Lenz as a inspector of the work in progress on the above referenced contract. As a job inspector for Lenz you would not be appearing before DGS because the prime object of your role as an inspector would be to keep Lenz informed as to the progress of the work under this contract. You would not be negotiating any new contracts or revisions to the existing contract and your role would be limited to advising Lenz or administering the existing contract. Discussion: We must assume that while you were employed with DGS you were a "public employee" as that term is defined in the Ethics Act, 65 P.S. 402. Thus, upon your retirement from State service you became a "former public employee" subject to the limitations imposed upon you by Section 3(e) of the Ethics Act as follows: State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Harold Geiling February 9, 1983 Page 2 (e) 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). The Commission has had occasion to interpret the word "representation" in previous opinions. See Kilareski, 80 -054 and Dalton, 80 -056. The concept of representation has been ee crT to preclude for the one year period following your termination of public employment the following: In relation to these restrictions the Commission has also made it clear that you may not sign and submit under your own signature proposals for any new employer that will be presented to your former governmental body although you could assist in the preparation of such bids. In addition, your name could not be listed on any bid proposal as an individual who would be involved in administering the contract or providing technical assistance on the subject of the proposal. However, the Commission has also held that you may administer rather than negotiate or renegotiate any such contract that is awarded in accordance with the limitations expressed here. Thus, in your case there would be no prohibition against you accepting employment with Lenz or in performing inspection work for Lenz on the project currently under construction. This role would be within the realm of "administering" the contract which Lenz had acquired and which you had no role in developing, recommending, or awarding. This role would not, as you describe it, entail any prohibited representation. 1. personal appearances before the governmental body with which you were associated, including but not limited to negotiations on contracts; 2. attempts to influence the governmental body with which you were associated; 3. participation in any matter in any case before the governmental body with which you were associated where you had supervision, direct involvement or responsibility in that matter while employed with the governmental body; 4. lobbying, that is representing the interest of any person before the governmental body as to legislation, regulations, etc. See Morris, 80 -039 and Russell, 80 -048. Harold Geiling February 9, 1983 Page 3 We note you have not asked whether you may undertake any other role /job or questions relating to the scope of the governmental body with which you were associated while with the Commonwealth. Consequently, without more information and because you do not ask whether this governmental body would be DGS as a whole or the Bureau of Buildings and Grounds for example, we need not address this point at present. If you wish us to address this point we would require further data and another request. Conclusion: You are a former public official and your conduct as such is to be guided by the standards set forth above. However, you are not prohibited from accepting the job with Lenz under the circumstances outlined above. Incidentally, as a former public employee you will be responsible for filing a Financial Interest Statement by May 1 of 1983 to report for the calendar year 1982. This is in accordance with Section 4(a) of the Ethics Act. A form is enclosed for your use. 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 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 cc: Secretary of Public Welfare Sincerely, a dra S. Chris, anson General Counse