HomeMy WebLinkAbout79-058 PefferTO:
RE:
FACTS:
STATE ETHICS COMMISSION
306 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 171aO
Jeffrey R. Peffer
Box 2210, R.D. #2
Etters, PA 17319
OPINION
October 17, 1979
79 -058
Hydrogeologist for the Bureau of Quality
Management of the Department of Environmental
Resources as "public employee," application of
the term "governmental body" to a hydrogeologist
Jeffrey Peffer, a former hydrogeologist with the
Department of Environmental Resources of the Bureau of
Water quality Management, wrote the Commission on
January 17, 1979, asking for an interpretation of
Section 3(e).
We learned by telephone that Mr. Peffer is now
employed by Dunn Geo- Services of Camp Hill, a con-
sulting firm. Most of Mr. Peffer's work involves
projects outside of Pennsylvania, and does not involve
representation before the Department of Environmental
Resources.
Mr. Peffer asked if he could make written proposals
in his own name to potential clients subject to DER
review. He also inquired if he could contact the DER
by phone or by person to obtain information of a general
nature, such as regulation and guideline changes,
forms, etc., without reference to any specific client
or firm. He also advised us that he had worked for the
Bureau of Land Protection and the Bureau of Community
Environmental Control but did not work for other bureaus
of the Department such as the Bureau of Surface Mine
Reclamation. He inquired as to whether he could represent
a client before that bureau.
Lastly, he inquired as to whether he was restrained
from discussing "work" upon social meetings with old
acquaintances from DER.
Jeffrey Peffer
October 17, 1979
page 2 of 3
DISCUSSION:
The threshhold issue is whether Jeffrey Peffer
is a "public employee" or "public official" as that
term is defined in Act 170.
If he is a public employee or public official,
to what extent is he prohibited from representing
clients before the Department of Environmental Resources?
The term "public employee" includes "any indi-
vidual employed by the Commonwealth or a political
subdivision who is responsible for taking or recommending
official action of a nonministerial nature with regard
to:
(3) planning or zoning;
(4) inspecting, licensing, regulating or
auditing any person;"
Mr. Peffer's employment description indicated that he
approved "ground water quality monitoring point locations
for land waste disposal sites and recommended] locations
for additional monitoring points if necessary." It is
in part upon Mr. Peffer's recommendations that land
disposal site licenses are granted.
We hold that Mr. Peffer is a "public employee"
because his acts result in licensing.
As to the issue of what is the "governmental
body," we note that Mr. Peffer was the Regional Geologist
for the Bureau of Water Quality Management. He also
noted in his letter of January 17 that he did some work
for the Bureau of Land Protection and the Bureau of
Community and Environmental Control. We find therefore
that Mr. Peffer may not represent any individual before
the Bureau of Water Quality Management, the Bureau of
Land Protection, or the Bureau of Community Environment
Control. He is not precluded from representing any
firm or clients before other bureaus of the Department
such as the Bureau of Surface Mine Reclamation, since
he did not do any work for these bureaus while in his
employ with the DER.
He can make written proposals in his own name or
in the name of his firm to these other bureaus of the
DER. Further, he may manage any contract which he
personally negotiated as a part of DER, but he may not
negotiate any aspect of any contract of which he had a
part while in the employ of the DER.
Jeffrey Peffer
October 17, 1979
page 3 of 3
CONCLUSION:
He may contact the Bureau of Water Quality Manage-
ment, the Bureau of Land Protection, and the Bureau of
Community Environment Control for information of a
general nature, such as regulation and guideline changes,
forms, etc., but he may not negotiate any contract with
them. Further, he is prohibited from negotiating any
contracts of his employer with any member of the Bureau
of Water Quality Management, the Bureau of Land Protection,
and the Bureau of Community Environment Control while
meeting socially for a period of one year after his
departure from the Department of Environmental Resources.
Pursuant to Section 7(9)(i), this opinion 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.
Mr. Peffer, being a hydrogeologist with the Bureau
of Water Quality Management of the Department of
Environmental Resources, is a "public employee." Mr.
Peffer may not represent any person before the Bureau
of Water Quality Management, the Bureau of Land Protection,
and the Bureau of Community Environment Control within
a period of one year after he has left the Department
of Environmental Resources. He may manage any contract
awarded his firm.
r
(SEAL)
PAUL, J ; SMITH
Chairm ri