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HomeMy WebLinkAbout97-534 BartonLarry C. Barton, II 1781 Bellemeade Drive Altoona, PA 16602 STATE ETHICS COMMISSION 309 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 ADVICE OF COUNSEL February 27, 1997 Re: Former Public Official; Section 3(g); Township Supervisor. Dear Mr. Barton: 97 -534 This responds to your letter of January 27, 1997 in which you requested advice from the State Ethics Commission. Issue: Whether the Public Official and Employee Ethics Law presents any restrictions upon employment of a Township Supervisor following termination of service. Facts: You have served as an elected Supervisor in Logan Township, Blair County from January, 1990 until December 31, 1995 when your term expired. You did not seek re- election. As an employee of Motorola, Inc., you sell electronic equipment which is used by both municipal governments and private sector customers. Recently you were asked by Logan Township to sell Motorola electronic equipment to the Township. You note that you are cautious about entering into a contractual relationship with the Township you previously served and request an advisory as to whether you may enter into a contractual relationship with Logan Township to sell electronic equipment when your term of office expired more than one year ago. Discussion: In your former capacity as a Township Supervisor in Logan Township, you would be considered a "public official" within the definition of that term as set forth in the Public Official and Employee Ethics Law and the Regulations of the Commission. 65 P.S. §402; 51 Pa. Code § 1 1.1. Consequently, upon termination of public service, you would become a "former public official subject to Section 3(g) of the Public Official and Employee Ethics Law. Section 3(g) of the Ethics Act provides that: Barton, 97 -534 February 27, 1997 Page 2 Section 3. Restricted activities. (g) No former public official or public employee shall represent a person, with promised or actual compensation, on any matter before the governmental body with which he has been associated for one year after he leaves that body. In this case, since you left governmental service on December 31, 1995, the one year restriction period of Section 3(g) of the Ethics Law has now expired. hence, you would agt now be restricted from representing persons before your former governmental body. Furthermore, Sections 3(b) and 3(c) of the Ethics Law provide in part that no person shall offer to a public official /employee and no public official /employee shall solicit or accept anything of monetary value based upon the understanding that the vote, official action, or judgement of the public official /employee would be influenced thereby. Reference is made to these provisions of the law not to imply that there has been or will be any transgression thereof but merely to provide a complete response to the question presented. Lastly, 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: In your former capacity as Township Supervisor in Logan Township, you would be considered a "public official" as defined in the Ethics Law. Upon termination of service with Logan Township, you became a "former public official" subject to Section 3(g) of the Ethics Law. The restrictions as to representation would not apply to you since the one year restriction period of Section 3(g) of the Ethics Law has expired. The propriety of the proposed conduct has only been addressed under the Ethics Law. 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. Barton, 97 -534 February 27, 1997 Page 3 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. c ilcerely, Vincent J. Dopko Chief Counsel