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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