HomeMy WebLinkAbout83-596 GrayMr. David J. Gray
9 Tanwood Court
Camp Hill, PA 171011
Mailing Address.
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
October 6, 1983
ADVICE OF COUNSEL
RE: Public Employment, Transfering Between State Agencies
Dear Mr. Gray:
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
83 -596
This responds to your letter of August 24, 1983, in which you requested
advice from the State Ethics Commission.
Issue: You ask whether your transferring from one place of employment with
the Commonwealth to another would invoke the "former public" employee
provisions of Section 3(e) of the State Ethics Act.
Facts: From May, 1981 through August 31, 1983, you were employed by the
Republican Caucus of the Pennsylvania House of Representatives as a
Legislative Research Analyst for the House Education Committee. Effective
September 1, 1983, you joined the Pennsylvania State System of Higher
Education as a Budget Anaylst. The Chancelor of the State System, Doctor
James McCormick, has indicated an interest in involving you, part -time, in
legislative relations with the General Assembly.
While you were interested in engaging in such activities, you are
concerned that such activity may not be proper under the State Ethics Act.
You have, therefore, requested advice from the State Ethics Commission.
Discussion: The Ethics Act, 65 P.S. 401 et seq., defines "public employee" as
any person employed by the Commonwealth who is responsible for taking or
recommending official action of a non - ministerial nature with regard to
contracting or procurement, regulating any person, or any other activity where
the official action is a greater than de minimus impact on the interest of any
person. Id Section 402. We will, for purposes of this Advice, assume you are
within the category of "public employee."
Mr. David J. Gray
October 6, 1983
Page 2
Section 3(e) of the Act states:
(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).
In your case, the question presented is whether "former public employee" as
used in Section 3(e) of the Act, gleans a former Commonwealth employee, or
whether it includes employees who transfer from one Commonwealth agency to
another. In the case of Cohen, 79 -045, the Commission held that the Office of
Consumer Advocate could KT Pennsylvania Public Utility Commission (PUC)
attorney and have that attorney represent consumer interests on behalf of the
Office of the Consumer Advocate proceedings before the Public Utility
Commission (PUC) within the first year after leaving the Pennsylvania Public
Utility Commission (PUC) without violating Section 3(e) of the Ethics Act.
In light of this Opinion, a public employee who transfers from one agency
in State government to another Commonwealth agency would still be a public
official or employee, and not a former public employee who would be subject to
the former public employee restric ons of Section 3(e) of the Act. In other
words, in your new position as a Budget Analyst in the Pennsylvania State
System of Higher Education, you will still be a public employee as defined by
the State Ethics Act but, you are not to be considered to a be a "former
public employee" subject to the restrictons of Section 3(e) of the Ethics Act.
Pursuant to this interpretation of the Act, there is no prohibition against
you engaging in part -time legislative relations work with the General Assembly
in your new position with the State System of Higher Education.
Conclusion: Pursuant to Commission interpretations of the State Ethics Act,
you are not to be considered a "former public employee" subject to the
restrictions on representation contained in Section 3(e) of the Act. You may,
therefore, engage in part -time legislative relations with the General Assembly
while serving as a Budget Analyst for the Pennsylvania State System of Higher
Education.
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.
Mr. David J. Gray
October 6, 1983
Page 3
CW /rdp
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.
Sincerely,
Sandra S.
General Cou
stianson
sel