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HomeMy WebLinkAbout87-582A FrankMr. Michael J. Frank 56 South Franklin Street Doylestown, PA 18901 Dear Mr. Frank: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PA 17120 TELEPHONE: (717) 783 -1610 July 9, 1987 ADVICE OF COUNSEL 87 -582A Re: Former Public Employee, Section 3(e), Director of Community Planning, Paid Government Consultant This responds to your letter of June 16, 1987, wherein you seek additional advice relative to advice No. 87 -582. Issue: Whether you may act as a paid consultant to the county planning commission after you terminate your employement as director of community planning while you also operate a consulting firm business which represents both municipal and private clients. Facts: On June 3, 1987 the State Ethics Commission issued Advice of Counsel No. 87 -582. You as director of community planning for the Bucks County Planning Commission requested advice as to whether the State Ethics Act presented any restrictions upon you following your termination of employment as director of community planning. You indicated that you intended to establish a consulting firm which would represent both municipal and private clients following your termination of employment. Subject to the limitations contained in the Advice of Counsel, you were advised that you were a public employee and that upon termination of your service with the commission, you would become a former public employee subject to the restrictions imposed by Section 3(e) of the Ethics Act which were outlined in the previous advice. Lastly, you were advised that for the purpose of the one year representation restriction, the governmental body to which that restriction would apply would be the commission. In your most recent letter, you advise that as director of community planning you are working on a task to restructure the manner in which the staff prepares reports for the commission under the Pennsylvania Municipalities Planning Code. These reports deal with a review of proposed subdivisions and land development proposals, zoning change requests, amendments to municipal ordinances and school district and municipal proposals. You state that it has been suggested that you, in the capacity of a paid consultant, continue to work on this project after you terminate your employment as director of community planning with the commission. You state Mr. Michael J. Frank July 9, 1987 Page 2 that you would be assisting the sub - committee and the commission in this program rather than representing any client before that body. The question is then posed by you as to whether the Ethics Act would impose any restrictions upon a former public employee from providing assistance to his governmental body, as a paid consultant, after he terminates his full time employment. Discussion: As noted in the previous Advice of Counsel, you are a director of community planning and as such are a public employee as that term is defined in the State Ethics Act. 65 P.S. §402. Consequently, your conduct must conform to the requirements of the Act. Section 3(e) 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). In the previous Advice of Counsel, the governmental body for the purpose of the one year representation restriction was found to be the Commission. There is no general limitation on the type of employment in which you could engage after termination of your position as director of community planning. However, the one year representation restrictions, as detailed in the previous Advice of Counsel, would remain applicable. Thus, the Ethics Act would not a prohibit your employment as a paid consultant to the Commission as to a given program, but you still would be subject to Section 403(e) of the Ethics Act which prohibits you from representing any person with or without compensation before the Commission for a period of one year after you resign as director of community planning. Refer to the previous Advice of Counsel regarding the limitations. Conclusion: As director of community planning you are considered a "public employee" as defined in the Ethics Act and upon termination of your service with the Commission, you would be a "former public employee" subject to the restrictions of the State Ethics Act. The State Ethics Act would not prohibit your employment as paid consultant to the planning commission on a given project as outlined above. However, the restriction imposed by Section 3(e) of the Ethics Act are applicable as outlined in the previous Advice of Counsel. The governmental body for the purpose of the one year representation restriction is the Commission. As previously noted, when you terminate your employment you are reminded that the Ethics Act does require you to file a Statement of Financial Interest for the year following your termination of service. Mr. Michael J. Frank July 9, 1987 Page 3 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. Sincerely, Vincent J. Dopko General Counsel