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Home My WebLink About20-525 GreissPHONE: 717-783-1610 TOLL FREE: 1-800-932-0936 To the Requester: Mr. Noah Greiss Dear Mr. Greiss: STATE ETHICS COMMISSION FINANCE BUILDING 613 NORTH STREET, ROOM 309 HARRISBURG, PA 17120-0400 FACSIMILE: 717-787-0806 WEBSITE: www.ethics.pa.gov ADVICE OF COUNSEL May 1, 2020 20-525 This responds to your letter dated April 8, 2020, received April 29, 2020, by which you requested an advisory from the Pennsylvania State Ethics Commission ("Commission"). Issue: Whether the Public Official and Employee Ethics Act ("Ethics Act"), 65 7a. TS. § 1101 et sec.., would impose restrictions upon employment of an Engineering, Scientific, and Technical Intern following termination of employment with the Pennsylvania Department of Transportation C`PennDOT"). Facts: You request an advisory from the Commission regarding the post- e pm oyment restrictions of Section 1103(g) of the Ethics Act. You have submitted facts that may be fairly summarized as follows. During the summers of 2017 and 2018, you were employed as an Engineering, Scientific, and Technical Intern with PennDOT. In the summer of 2017, you worked in the Contract Management Department within PennDOT's Central Office, and in the summer of 2018, you worked in the Bridge Unit of PennDOT District 8. During your internship(s) with PennDOT, you: (1) assisted with the organization of overhead rate submissions that were received from consulting firms; (2) worked with bridge inspectors to analyze the condition of bridges in PennDOT District 8; (3) updated the sketches of stream beds; and (4) organized consultant bridge inspection reports. In June 2020, you will begin employment with a firm known as "Dewberry" (the "Firm") in the position of entry-level transportation engineer. You seek guidance as to whether Section 1103 g) of the Ethics Act would impose prohibitions or restrictions upon you with regard to performing work for the Firm. Discussion: It is initially noted that pursuant to Sections 1107(10) and 1107(11) of the Ethics Act, 65 Pa.C.S. §§ 1107(10), (11), advisories are issued to the requester based upon the facts that the requester has submitted. In issuing the advisory based upon the Greiss, 20-525 May 1, 2020 Page 2 facts that the requester has submitted, the Commission does not engage in an independent investigation of the facts, nor does it speculate as to facts that have not been submitted. It is the burden of the requester to truthfully disclose all of the material facts relevant to the inquiry. 65 Pa.C.S. §§ 1107(10), (11). An advisory only affords a defense to the extent the requester has truthfully disclosed all of the material facts. In the former capacity as an Engineering, Scientific, and Technical Intern for PennDOT, you would be considered a "public employee" subject to the Ethics Act and the Regulations of the State Ethics Commission. See, 65 Pa.C.S. § 1102; 51 Pa. Code § 11.1; Barley, Advice 19-504; Patel, Advice 19-501. Consequently, upon termination of your empplo ment with PennDOT, you became "former public employee" subject to Section 1103(g�of the Ethics Act. Section 1103(g) of the Ethics Act provides as follows: § 1103. Restricted activities (g) Former official or employee. --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. 65 Pa.C.S. § 1103(g) (Emphasis added). The restrictions of Section 1103(g) of the Ethics Act, which apply to former public officials and former public employees, apply for one year following termination of service in the public position. Based upon the submitted fact that your Commonwealth employment terminated in the summer of 2018, which was more than one year ago, you are advised that the restrictions of Section 1103 of the Ethics Act have ceased to a ppIyy to yyou. Cf., Murgh , Advice 18-565; Romano, �dvice 17-578; Confidential Advice,p17- 522; Confidential Advice, 16-507. Therefore, Section 1103(g) of the Ethics Act would not restrict you now with regard to performing work as an entry-level transportation engineer for the Firm. Lastly, the propriety of the proposed conduct has only been addressed under Section 1103(g) of the Ethics Act. Conclusion: In the former capacity as an Engineering, Scientific, and Technical Intern for the Pennsylvania Department of Transportation ('PennDOT"), you would be considered a "public employee' subject to the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et sec.., and the Regulations of the State Ethics Commission, 51 Pa. Code § 11.1 et seg. Upon termination of your employment with PennDOT, you became a "former public employee." The restrictions of Section 1103(g) of the Ethics Act, which apply to former public officials and former public employees, apply for one year following termination of service in the public position. Based upon the submitted fact that you terminated service with PennDOT in the summer of 2018, the restrictions of Section 1103(g) of the Ethics Act have ceased to apply to you. Therefore, Section 1103(g) of the Ethics Act would not restrict you now with regard to performing work as an entry-level transportation engineer for a firm known as "Dewberry." Lastly, the propriety of the proposed conduct has only been addressed under the Ethics Act. Pursuant to Section 1107(11) of the Ethics Act, an 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, provided the requester has disclosed Greiss, 20-525 May 1, 2020 Page 3 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 actuaII14 received at the Commission within thirt (30 days of the date o this vice pursuant to 51 Pa. Code j 13.2(yh). The appeal may be received at the Commission by hand delivery, United States mail, delivery service, or by FAX transmission f717-787-0806). Failure to file such an appeal at the Commission within thirty (30) days may result in the dismissal of the appeal. Sincerely, Robin M. Hittie Chief Counsel