HomeMy WebLinkAbout79-062 PedoneSTATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANM 17120
OPINION
October 17, 1979
TO: Anthony M. Pedone
706 N. Main Street
Meadville, PA 16335
RE: Duties of a former Supervisor in the Department
of Aging
FACTS:
79 -062
On June 6, 1979, the Commission received a letter
from Anthony M. Pedone, Field Supervisor of the
Department of Aging, requesting clarification on the
issue of conflict of interest. He advised that he was
leaving the Department of Aging on July 1, 1979. He
also advised that he was responsible for monitoring
projects in Crawford, Erie, Forest and Warren Counties.
He was also responsible for monitoring the Regional
Training Contract for all of the Western and Northwestern
Region as set forth in the chart attached hereto.
He asked whether he could work in other programs
of the Department of Public Welfare or other counties,
regions or central office of that department.
He supplied an intra- office memo asking whether
he could:-
1. Act as a consultant to anyone providing
training for the Regional Training Council.
2. Enter into a contract directly with the
Regional Training Council.
3. Enter into a contract for services with an
Area Agency on Aging.
4. Enter into a contract with the Department of
Welfare as a provider of services or training_
He also asked:
1) Can I work with any other counties, regions,
or the central office?
Anthony M. Pedone
October 17, 1979
page 2 of 3
DISCUSSION:
2) Can I work with the Department of Public
Welfare and other programs, i.e. Child
Welfare, Adult Programs, etc.?
3) What is the exact status of Act 170
Section 3(e)?
The threshhold issue is whether Mr. Pedone is a
"public employee." If he is a public employee under
Act 170, what is the "governmental body with which he
has been associated "?
Mr. Pedone was responsible for monitoring projects
with the Aging Program in four counties, and in addition,
he monitored the Regional Training Contract for all of
the Western Region of Pennsylvania. Section 2 of the
Act defines "public employee" as any individual employed
by the Commonwealth who is responsible for taking or
recommending official action of a nonministerial nature
with respect to administering or monitoring grants.
Mr. Pedone is therefore a public employee.
Section 3 states:
No former official or public employee'shall
represent a person, with or without compensation,
on any matter before the governmental body
with which he has been associated for one year
after he leaves that body.
The term "governmental body" is limited to the body
with which Mr. Pedone was associated. We hold this to
be the Western Region of the Department of Aging in its
administration of the Regional Training Contract, and
the aging projects in Crawford, Erie, Forest and Warren
Counties.
Mr. Pedone may not negotiate or enter into a
contract with the Regional Training Council for the
Western and Northwestern Region, but he can manage such
a contract, Roger A. Cutt, 1974 -23.
Mr. Pedone may not enter into a contract for
services with any area agency on aging in the Western
or Northwestern Region, or enter into a contract with
the Department of Welfare as a provider of services or
training for the Western Region. This does not limit
him to managing a contract in said areas, providing he
has no part in the negotiation of such a contract.
Anthony M. Pedone
October 17, 1979
page 3 of 3
Act 170 does not prohibit working with the
Department of Public Welfare in other program areas,
i.e., Child Welfare, Adult Programs, etc. Further, it
does not bar working in other counties or regions, or
the central office of the Department of Aging.
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.
CONCLUSION:
Mr. Pedone may not act as a consultant to anyone
providing training for the Regional Training Council
until one year after he has left the Department of
Aging. Mr. Pedone may not enter into a contract directly
with the Regional Training Council, nor may he enter
into a contract for services with an area Agency on
Aging in the Western or Northwestern Regions. He is
not prohibited from managing any contracts in those
areas, or negotiating any contracts with other regions
within the Department of Aging.
He may not negotiate a contract with the Department
of Welfare in the Western and Northwestern Regions as a
provider of services or training, but may manage a contract
which has already been negotiated.
Mr. Pedone may work with any other counties or
regions outside of the Western and Northwestern Regions.
He may work with the Department of Public Welfare and
other program areas such as Child Welfare and Adult
Programs.
Section 3 of Act 170 became effective January 1,
1979, and is in effect.
( 1 /
- PAUL J /
Chairm