Loading...
HomeMy WebLinkAbout96-544-S BishopTabb J. Bishop S.R. Wojdak & Associates Suite 200 610 North Third Street Harrisburg, PA 17101 STATE ETHICS COMMISSION 309 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 ADVICE OF COUNSEL June 5, 1996 96 -544 -S Re: Former Public Employee; Section 3(g); Executive Director I, Democratic Caucus, House of Representatives. Dear Mr. Bishop: This responds to your letter of May 28, 1996 in which you requested supplemental advice from the State Ethics Commission. Issue: Whether the Public Official and Employee Ethics Law presents any restrictions upon the employment of a former Executive Director I following termination of service with the Democratic Caucus of the House of Representatives. Facts: As a former public employee, you request a supplemental Advice of Counsel as to Advice of Counsel 96 -544 which was issued on April 23, 1996. The facts contained in Advice of Counsel 96 -544 are incorporated herein by reference. You have confirmed that, in your former capacity as an Executive Director I of the Philadelphia Delegation of the Democratic Caucus of the House of Representatives, you were employed only for the House of Representatives and had no affiliation with the Senate. Discussion: The Discussion in Advice of Counsel 96 -544 is incorporated by reference. However, this Supplemental Advice will confirm that your "governmental body" would be the House of Representatives, not the General Assembly. In all other respects, Advice of Counsel 96 -544 remains unchanged. Conclusion: In your former capacity as an Executive Director I of the Philadelphia Delegation of the Democratic Caucus of the House of Representatives, you would be considered a "public employee" as defined in the Ethics Law. Upon termination of service with the House of Representatives, you would become a "former public employee" subject to Section 3(g) of the Ethics Law. The former governmental body is the House of Representatives. The restrictions as to representation outlined in Advice of Counsel 96 -544 must be followed. The propriety of the proposed conduct has only been addressed under the Ethics Law. Bishop, 96 -544 -S June 5, 1996 Page 2 Further, should service be terminated, as outlined above, the Ethics Law also requires that a Statement of Financial Interests be filed for the year following termination of service. 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. 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 appeal the Advice to the full Commission. A personal appearance before the Commission will be scheduled and a formal Opinion will be issued by the Commission. • Any such appeal must be in writing and must be actually received at the Commission within thirty (30) days of the date of this Advice pursuant to 51 Pa. Code §13.2(h). The appeal may be received at the Commission by hand delivery, United States mail, delivery service, or by FAX transmission (717- 787 - 0806). Failure to file such an appeal at the Commission within thirty (30) days may result in the dismissal of the appeal. cerely, Vincent ' opk Chief Counsel