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HomeMy WebLinkAbout83-550 BiacchiMr. Louis Biacchi House Mines & Energy Management Committee 200 South Office Building Harrisburg, PA 17120 Mailin Address STATE ETHICS COMMISSION P.O. BOX 1179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 May 24, 1983 ADVICE OF COUNSEL RE: Research Analyst; Lobbying -- Representation. Dear Mr. Biacchi: 83 -550. This responds to your letter of April 15, 1983, in which you requested advice from the State Ethics Commission. Issue: You ask what restrictions the Ethics Act will impose on you as a former employee of the House Mines and Energy Management Committee in future dealings with the Committee after you accept private employment as Director of Governmental Relations with the Pennsylvania Retailers Association. Facts: You are currently a senior research analyst with the House of Representatives Mines and Energy Management Committee and plan to resign as of April 29, 1983. You have been offered a position as Director of Governmental Relations with the Pennsylvania Retailers Association to lobby the General Assembly. You have worked for the House of Representatives since August, 1979, when you were assigned to Representative David DiCarlo as an Administrative Assistant. In January, 1981, you were assigned to Representative Joseph Petrarca as Executive Director of the House Federal -State Relations Committee, of which Petrarca was Minority Chairman. In that capacity, you drafted and analyzed resolutions and legislation referred to the Committee. You also coordinated Representative Petrarca's constituent services and media relations. In January, 1983, Representative Petrarca was appointed Majority Chairman of the House Mines and Energy Management Committee, and you were assigned as a senior research analyst and as Committee research analyst. The Committee had been involved in a number of field investigations but has not considered any substantive legislation to this point. You have continued to coordinate Representative Petrarca's constituent services and media relations. State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Mr. Louis Biacchi May 24, 1983 Page 2 Discussion: We assume and decide for purposes of this Advice that you were a "public employee within the defimition of that term in the Ethics Act and State Ethics Commission regulations, particularly in light of your role as Executive Director of the House Federal -State Relations Committee and as senior research analyst. The State Ethics Act, 65 P.S. §401 et seq., regulates the conduct of both present and former public employees to assure the public of the independence and impartiality of its servants. Section 3(e) of the Act provides: (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). With this restriction in mind a discussion of what the term "representation" means is important. In general, the Commission has determined that the prohibitions of Section 3(e) and the term "representation" extends to such things as: 1. Personal appearances before the governmental body or bodies with which you were associated, including but not limited to negotiations on contracts with these bodies; 2. Attempt to inlfuence that governmental body or bodies; 3. Participation in any manner in any case over which you had supervision, direct involvement, or responsibility while employed by the governmental body or bodies; 4. Lobbying, that is representing the interests of any person before that governmental body or bodies to influence the body or bodies in relation to legislation, regulations, etc. See Kilareski, 80 -054. Opinions of the Commission indicate that a former public employee may appear in a third forum such as a state or federal court and may make general informational inquiries of the nature made by the public to their former governmental body. In addition, they may generally utilize the knowledge and expertise gained in their tenure as public employees except as set forth above. Mr. Louis Biacchi May 24, 1983 Page 3 Any restrictions relating to representation as outlined above relates only to the "governmental bodies: with which you may have been assoicated while employed by the Commonwealth. From the facts as you present them, the governmental body with which you were associated and, therefore, before which "representation" for the year following termination of your public employment is prohibited include: (1) The House Federal -State Relations Committee for the period of January, 1983 to January, 1984; (2) the House Mines and Energy Management Committee for the period of April 29, 1983 to April 29, 1984; (3) the office of Representative Joseph Petrarca, with whom you have been associated for the past 2 1/3 years to expire April 29, 1984. While you state that you intend to be involved in lobbying activities, you should be aware that restrictions on "negotiation of contracts" includes the prohibition that you may not prepare, and, as preparer, sign bid proposals to be presented on behalf of your new employer. In addition, your name may not appear as an employee who will serve under that contract or proposal if that proposal is to be submitted to any of the governmental bodies identified above. You may, however, assist in preparing these items when another person signs as preparer and you may administer a contract once it has been secured or approved, as long as your name does not appear on the submission or bid as discussed above. Conclusion: In your new capacity as Director of Governmental Relations with the Pennsylvania Retailers' Association, you may not represent the interests of the Association or any "person" before the governmental bodies with which you were associated as outlined above in (1), (2), and (3) for the periods of time designated. Your conduct for the year following termination of your public employment should conform to the requirements set forth in this Advice. 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. Mr. Louis Biacchi May 24, 1983 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. CW /rdp Sincerely, ndra 5. C r tianson General Cou el