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HomeMy WebLinkAbout86-537 DagonSTATE ETHICS COMMISSION 308 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 ADVICE OF COUNSEL April 11, 1986 Mr. Robert M. flagon 82.98 Rustleton Avenue Philadelphia, PA 19152 Re: Representatinn Restrictions, Research Analyst Intern Dear Mr. Dagnon: 86 - 537 This responds to your letter of March 17, 1986, wherein you requested the advice of the State Ethics Commission. Issue: Whether the Ethics Act places any restrictions upon the future employment activities of a research analyst intern in the Pennsylvania House of Representatives. Facts: You were employed by the Pennsylvania House of Representatives from Septemher 16, 1985 to December 20, 1985. You are a student at Pennsylvania State University, and your employment related to the Legislative Fellowship Program sponsored by the Ri- Partisan Management Committee of the Pennsylvania House of Representatives. In this respect, you were assigned to the office of the majority leader and generally performed functions as a legislative intern. In your position as a legislative intern, you were responsihle for providing service to the House of Representatives regarding researching, collection and analysis of proposed or pending legislation, responding to constituent mail, compiling and maintaining files on issues and legislation, attending meetings as instructed and performing related work as assigned. You did not serve as a full -time employee in this capacity, hut were rather employed on a fourteen week hasis as an intern. You have advised that you are completing your senior year at the Pennsylvania State University and you are involved with the Alliance of Pennsylvania Student Governments. You have requested the opinion of the State Ethics Commission as to whether the Ethics Act places any prohibition upon your representation of this group before the Pennsylvania General Assembly. Mr. Robert M. Dagon April 11, 1986 Page 2 Discussion: Generally. the State Ethics Act provides as follows: Section 3. Restricted activities. (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). While this provision of the State Ethics Act would appear to prohibit certain activities by individuals employed by the Commonwealth or a political subdivision therein, the initial question to be answered is whether you are a public employee within the purview of the State Ethics Act. The Ethics act defines public employee as follows: Section 2. Definitions. "Public employee." Any individual employed by the Commonwealth or a political subdivision who is responsible for taking or recommendi ng offici al action of a nonmi ni steri al nature with regard to: (1) contracting or procurement; (2) administering or monitoring grants or subsidies; (3) planning or zoning; (4) inspecting, licensing, regulating or auditing any person; or (5) any other activity where the official action has an economic impact of greater than a de mi nimus nature on the interests of any person. "Public employee" shall not include individuals who are employed by the State or any political subdivision thereof i n teaching as distinguished from admi nistrative duties. 65 P.S. 402. The regulations of the Commission further provide as follows: Section 1.1. Definitions. Public employee - -- (i) The term includes any individual: Mr. Robert M. Dagon April 11, 1986 Page 3 (B) who meets the criteria of either subclause (I) or (II): (I) The individual is: ( -a -) a person who normally performs his responsibility in the field without on -site supervision; ( -b -) the immediate supervisor of a person who normally performs his responsibility in the field without on -site supervision; or ( -c -) the supervisor of any highest level field office. (II) The individual is a person: ( -a -) who: ( -1 -) has the authority to make final decisions; ( -2 -) has the authority to forward or stop recommendations from being sent to the person or body with the authority to make final decisions ; ( -3 -) prepares or supervises the preparation of final recommendations; or ( -4 -) makes the final technical recommendations; and ( -b -) whose recommendations or actions: ( -1 -) are an inherent and recurring part of his position; and ( -2 -) affect organizations other than his own organization. Mr. Robert M. Dagon April 11, 1986 Page 4 (iv) Persons in the positions listed below are generally not considered public employes. (A) City clerks, other clerical staff, road masters, secretaries, police officers, welfare case workers, maintenance workers, construction workers, detectives, equi pment operators, and recreation di rectors. (B) Law clerks, court criers, court reporters, probation officers, security guards, and writ servers. (C) School teachers and clerks of the schools. 51 Pa. Code 1.1. Based upon the definition of public employee and in light of your job description, which we have reviewed in the instant situation and the explanation of your job as set forth therein, we conclude that you are not to be considered a public employee as that term is defined in the State Ethics Act. This conclusion is based upon our objective review of this information from which it appears that you have not been responsible for taking or recommending official action of a non - ministerial nature with regard to any of the 5 categories set forth in the definition listed above for the term public employee. You served as a fourteen week intern for the House of Representatives. We do not believe that this is the type of service that was intended to be covered by the restrictions set forth in the State Ethics Act. See Colna, 84 -515. Thus, because you do not fall within the classification of the term public employee, you would not be subject to the restrictions set forth in the State Ethics Act regarding your post employment activities. Thus, there would be no restrictions upon you in respect to the activities you wish to undertake on behalf of the Alliance of Pennsylvania Student Government. Conclusion: In your position as an intern for the House of Representatives Bi- Partisan Management Committee, you are not to be considered a public employee as that term is defined in the State Ethics Act. Accordingly, the one year representation restrictions set forth in Section 3(e) of the State Ethics Act would not be applicable to you. 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. Robert M. Dagon April 11, 1986 Page 5 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.