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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