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HomeMy WebLinkAbout93-601 ConfidentialSTATE. ETHICS COMMISSION 309 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 1 71 08 -1 470 TELEPHONE (717) 7S3 -1610 ADVICE OF COUNSEL September 16, 1993 Re: Conflict, Public Official /Employee, Legislative Assistant to a Member of the General Assembly, Involvement with Individuals, Businesses and Associations which offer Positions of Employment 93 -601 This responds to your letter of August 25, 1993, in which you requested a confidential advice from the State Ethics Commission. Issue: Whether the Public Official and Employee Ethics Law presents any prohibition or restrictions upon a Legislative Assistant from discussing employment opportunities and subsequently accepting an offer of employment from any individual, business or association which he assists in his position of Legislative Assistant. Facts: You previously requested advice relating to a similar issue. Advice of Counsel 93 -582 which is incorporated herein by reference was issued in response to your request. The facts from that previous request are applicable here and will be restated. For the past fourteen (14) years, you have been an employee of the Pennsylvania House of Representatives. Currently, you are a Legislative Assistant to a member of the House of Representatives. You are seeking employment with non - governmental companies, associations and individuals. Many of these potential employers have contacted you in your position as Legislative Assistant and you have assisted them in connection with pending legislation, regulatory matters and other issues before the Executive Branch agencies. Based upon the above, you have requested additional advice from the State Ethics Commission as to any restrictions which might apply to current discussions regarding future employment with these individuals, companies and associations. 93 -601 September 16, 1993 Page 2 Discussion: As a Legislative Assistant with the House of Representatives, you are to be considered a "public employee" within the definition of that term as set forth in the Ethics Law and Regulations of this Commission. 65 P.S. §402. 51 Pa. Code §11.1. Hence, you are subject to the provisions of that law. Section 3. Restricted Activities (a) No public official or public employee shall engage in conduct that constitutes a conflict of interest. follows: The following terms are defined in the Ethics Law as Section 2. Definitions "Conflict" or "conflict of interest." Use by a public official or public employee of the authority of his office or employment or any confidential information received through his holding public office or employment for the private pecuniary benefit of himself, a member of his immediate family or a business with which he or a member of his immediate family is associated. "Conflict" or "conflict of interest" does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member of his immediate family or a business with which he or a member of his immediate family is associated. "Authority of office or employment." The actual power provided by law, the exercise of which is necessary to the performance of duties and responsibilities unique to a particular public office or position of public employment. In addition, Sections 3(b) and 3(c) of the Ethics Law provide in part that no person shall offer to a public official /employee anything of monetary value and no public official /employee shall solicit or accept any thing of monetary value based upon the understanding that the vote, official action, or judgement of the public official /employee would be influenced thereby. 93 -601 September 16, 1993 Page 3 Under Section 3(a) of the Ethics law quoted above, a public employee may not use the authority of office or confidential information received as a result of holding such position to obtain a private pecuniary benefit for himself, member of his immediate family, or business with which he or a member of his immediate family is associated. Section 3(a) of the Ethics Law prohibits a public official /employee from using the status of his office or activities to advance an opportunity of private employment with the various individuals, businesses and associations which he assists with their problems with various State Agencies. In addition, a public official or employee may not use the authority-of office as a means of attempting to eliminate any potential competitors who would be competing with him for the positions of private employment. Pepper, Opinion 87 -008. Subject to the limitations and qualifications as noted in Sections 3(a), 3(b) and 3(c) of the Ethics Law, you would not be precluded from discussing or accepting a position of private employment with such individuals or entities. The propriety of the proposed conduct has only been addressed under the Ethics Law; the applicability of any other statute, code, ordinance, regulation or other code of conduct other than the Ethics Act has not been considered in that they do not involve an interpretation of the Ethics Law. • Conclusion: As a Legislative Assistant for a Member of the House of Representatives, you are a public employee and subject to the provisions of the Ethics Law. Subject to the qualifications noted above, the Ethics Law would not restrict you from discussing or accepting a position of private employment with individuals, businesses or associations which you assisted in problems they had with various state agencies. Lastly, the propriety-of the proposed conduct has only been addressed under the Ethics Act. Pursuant to Section 7(11), 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. such. This letter is a public record and will be made available as 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 93 -601 September 16, 1993 Page 4 will be scheduled and a formal Opinion from the Commission will be issued. Any such appeal must be in writing and must be received at the Commission within 15 days of the date of this Advice pursuant to 51 Pa. Code 513.2(h). erely, Vincent J. opko Chief Counsel