HomeMy WebLinkAbout98-553 EberleMarianne Eberle
2151 E. Lincoln Hwy., L -2
Levittown, PA 19056
Dear Ms. Eberle:
STATE ETHICS COMMISSION
309 FINANCE BUILDING
P.O. BOX 11470
HARRISBURG, PA 1 71 08 -1 470
TELEPHONE (717) 783 -1610
ADVICE OF COUNSEL
May 5, 1998
98 -553
Re: Former Public employee; Section 3(g); Department of Environmental Protection;
Air Quality Specialist.
This responds to your letter of April 6, 1998 by which you requested advice
from the State Ethics Commission.
Issue: Whether the Public Official and Employe Ethics Law presents any
restrictions upon employment of an Air Quality Specialist following termination of
service with the Department of Environmental Protection.
Facts: You are currently employed as an Environmental Consultant. Prior to
October 17, assumably of 1997 and not 1998 as stated in your letter, you were
employed by the Pennsylvania Department of Environmental Protection (DEP) as an Air
Quality Specialist. You have attached descriptions for that job which is incorporated
herein by reference.
You state that in your current position, some contact with DEP is required and
that DEP, though offering you no guidance on the subject, has internally mandated that
certain personnel are not to have work - related contact with you. Additionally, you
assert that, because you are educated and experienced in the environmental field, any
job utilizing your capabilities would require some contact with DEP.
As a former public employee, you ask for an advisory of the State Ethics
Commission on what contact you may have with your former agency, DEP.
Discussion: In the former capacity as an Air Quality Specialist for DEP, you
would be considered a "public employee" subject to the Public Official and Employe
Ethics Law ( "Ethics Law ") and the Regulations of the State Ethics Commission. See,
65 P.S. §402; 51 Pa.Code §11.1. This conclusion is based upon the job description,
which when reviewed on an objective basis, indicates clearly that the power exists to
take or recommend official action of a non - ministerial nature with respect to one or
more of the following: contracting; procurement; planning; inspecting; administering
or monitoring grants; leasing; regulating; auditing; or other activities where the
economic impact is greater than de minimis on the interests of another person.
Eberle, 98 -553
May 5, 1998
Page 4
code of conduct other than the Ethics Law has not been considered in that they do not
involve an interpretation of the Ethics Law.
Conclusion: In the former capacity as an Air Quality Specialist for the
Pennsylvania Department of Environmental Protection (DEP), you would be c.onsidered
a "public employee" as defined in the Ethics Law. Upon termination of service with
DEP, you would become a "former public employee" subject to Section 3(g) of the
Ethics Law. The former governmental body is DEP. The restrictions as to
representation outlined above must be followed. 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 would
require that a Statement of Financial Interests be filed by no later than May 1 of the
year after 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.
T� erely,
Vincent J. opko
Chief Counsel