HomeMy WebLinkAbout83-602 CardozaMs. Renee P. Cardoza
4220 -A Heathrow Court
Harrisburg, PA 17109
Mailing Address.
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 1 7108
TELEPHONE: 1717) 783 -1610
October 17, 1983
ADVICE OF COUNSEL
83 -602
RE: Computer Systems Analyst; Non - Public Employee; Representation; Section
3(e)
Dear Ms. Cardoza:
This responds to your letter of August 30, 1983, in which you requested
advice from the State Ethics Commission.
Issue: You ask what, if any, restrictions the Ethics Act would impose upon
you in your employment in the private sector upon your termination of
employment with the Commonwealth.
Facts: You are currently employed as a Computer Systems Analyst II in the
System Analysis Division of the Department of Revenue. As of September 6,
1983, you resigned from Commonwealth employment to take a job in the private
sector. Your new employment is on a consultant basis and may occassionally
involve working with various state agencies. You are aware that a conflict of
interest may arise in the event that you may be required to work in the
Department of Revenue within one -year after your termination. You have,
therefore, requested a ruling from the State Ethics Commission in this
regard.
Discussion: In your position as a Computer Systems Analyst II with the
Computer Systems Analysis Division of the Department of Revenue, you were not
considered to be a "public employee" subject to the filing requirements of the
State Ethics Act. In this regard, upon termination of your Commonwealth
employment, you cannot be considered to be a "former public employee" subject
to the one -year restrictions vis -a -vis representation before the governmental
body with which you were associated, that is, the Computer Systems Analysis
Division of the Department of Revenue. You, therefore, are not restricted in
your new employment from appearing before or working with any Pennsylvania
State agency, including the Computer Systems Analysis Division of the
Department of Revenue.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Ms. Renee P. Cardoza
October 17, 1983
Page 2
Conclusion: You were not considered to be a "public employee" subject to the
filing requirements of the Ethics Act, and you, therefore, may not be
considered to be a "former public employee" subject to the restrictions on
representation presented by the provisions of Section 3(e) of the Ethics Act.
See 65 P.S. 3(e), In your new employment, you may, therefore, appear and
represent your new employer before any state agency including the Computer
Systems Analysis Division of the Department of Revenue.
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. C ristianson
General Counsel