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HomeMy WebLinkAbout98-556 LeBlancJan N. LeBlanc Silver Spring Township Supervisor 71 Bali -Hai Road Mechanicsburg, PA 17055 Dear Ms. LeBlanc: STATE ETHICS COMMISSION 309 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 ADVICE OF COUNSEL May 12, 1998 Re: Conflict, Public Official /Employee, Township Supervisor, Former Employer. 98 -556 This responds to your letter of April 10, 1998 by which you requested advice from the State Ethics Commission. Issue: Whether the Public Official and Employe Ethics Law presents any prohibition or restrictions upon a township supervisor with regard to pending or future matters involving her former employer. Facts: You are a Supervisor in Silver Spring Township (Township), having served in that capacity since January of 1992. On June 30, 1997, you began working part-time for H. Edward Black and Associates, P.C., (the firm) a landscape architectural firm. You state that in your position with the firm, you were primarily responsible for authoring proposals to people seeking professional land design /landscape architecture services. Because you were a Supervisor for the Township, you were not involved in drafting any proposals for Township work, although you state that you believe Mr. Black may have composed a proposal for a project in the Township which was to be initiated by one of his long -term clients. You state that while working for the firm, you have been diligent in not discussing or voting on any of the projects undertaken by the firm which have come before the Township Board of Supervisors, all of which projects predated your employment with the firm. You have tendered your resignation from the firm effective May 1, 1998. You ask for an advisory from the State Ethics Commission as to when you will be eligible to resume voting on Subdivision or Land Development plans submitted by the firm to the Township. . Additionally, you state that it is customary for consultants to: seek reapproval of an approved plan; periodically request a Reduction in the Letter of Credit for bonded improvements; receive final approval of the Subdivision Plan; and subsequently, on a phased project, seek Final Land Development approval for each phase of the project over a period of years. You ask whether projects which were approved during the period in which you were employed by the firm and therefore abstained from participation should be treated differently and whether you will be eligible to vote relative to the above - referenced situations. LeBlanc, 98 -556 May 12, 1998 Page 4 in erely, Vincent J. pko Chief Counsel on retainer, and under some circumstances, former clients. If a client relationship existed between you and your former employer's clients, you are advised that a conflict of interest could, under some circumstances, exist for you in matters before the Township involving such clients. Should any such situations arise, you may seek further advice from the State Ethics Commission. 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 Law has not been considered in that they do not involve an interpretation of the Ethics Law. Specifically not addressed herein is the applicability of the respective municipal code. Conclusion: As a Supervisor for Silver Spring Township, you are a public official subject to the provisions of the Ethics Law. As of your resignation effective May 1, 1998, H. Edward Black and Associates, P.C., would no longer be considered a business with which you are associated. Therefore, you would no longer have a conflict of interest pursuant to Section 3(a) of the Ethics Law in matters involving H. Edward Black and Associates, P.C.and /or its clients subject to the following conditions: 1) that there are no remaining connections between you and H. Edward Black and Associates, P.C.; and 2) that in your prior capacity with the said firm, you did not have a client relationship with the firm's clients. If a client relationship existed between you and your former employer's clients, you are advised that a conflict of interest could, under some circumstances, ,exist for you in matters before the Township involving such clients. Should any such situations arise, you may seek further advice from the State Ethics Commission. Lastly, the propriety of the proposed conduct has only been addressed under the Ethics Law. 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 1. The appeal may be received at the Commission by hand delivery, United States mail, delivery service, or by FAX transmission (717- 787 - 08061. Failure to file such an appeal at the Commission within thirty (30) days may result in the dismissal of the appeal.