HomeMy WebLinkAbout02-519 ConfidentialADVICE OF COUNSEL
February 20, 2002
02 -519
Re: Former Public Official /Public Employee; Section 1103(g); Executive -Level State
Employee; Section 1103(i); A to the B; C; D.
This responds to your two letters dated January 2, 2002, by which you requested
a confidential advisory from the State Ethics Commission.
Issue: Whether the Public Official and Employee Ethics Act ( "Ethics Act "), 65
Pa.C.S. § 1101 et seq., presents any restrictions upon employment of an A to the B
and C following termination of service with the D.
Facts: As the former A to the B and C within the D, you seek a confidential
advisory from the State Ethics Commission regarding the post - employment restrictions
of the Ethics Act.
You state that you resigned from the aforesaid Commonwealth positions on
[date]. You presently do not hold any appointed post in State government. However,
you are still an E at the Harrisburg branch of the F, which is a state - related education
institution.
In your former positions, you were responsible for the G of the B's H. You also
served as a key advisor to I and J. You were a member of the B's K, which served as
the B's primary internal deliberative body and discussed and debated major initiatives
and problems of the H. Finally, as C, you shared authority with the respective Ls over
the Ms, Ns and Os in the Ps.
On [date], you began working as President of Private Entity Q, a G division of
Private Entity R, which is an S and G agency based in Harrisburg.
You are now considering contracting to provide G services to State Agency T
and State Agency U. State Agency T and State Agency U are state agencies, but they
are not Ps. State Agency T and State Agency U are managed by boards of directors.
Most of the directors are appointed by the B and confirmed by the State Senate.
You state that in your aforesaid former governmental positions, you had no
authority over State Agency T or State Agency U. You further state that you had no
responsibility as to screening or selecting nominees for appointment to the State
Agency T board or the State Agency U board, although occasionally, such matters
would be brought up for discussion at meetings of the B's K.