HomeMy WebLinkAbout79-515 DeViziaJoseph DeVizia, Administrator
Luzerne - Wyoming County
Mental wealth /Mental Retardation Program
90 East Union Street
Wilkes-Barre, Pennsylvania 18701
FACTS:
DISCUSSION:
August 17, 1979
ADVICE OF CHIEF COUNSEL
P' •
Advice Number 79 -515
Fie: Can a person in the County Administrators
Office assume a position with a provider agency?
On June 29, 1979, you wrote this Commission informing
us that you have been offered a position with a provider agency.
You also informed us that you are presently employed as an ad-
ministrator in the County Administrators Office. You also in-
dicated that your motivation for change was not salary, which
is basically the same, but desire for a more direct service orien-
tation with respect to the needs of children.
Essentially, you are moving from a moeny dispensing
organization (County Administrator's Office) to a money receiving
organization which is commonly termed "a provider agency."
Section 3(e) of the Act prohibits a former public
employee or official from representing any person, broadly de-
fined in the Act to include corporations, associations, "where
other organizations or groups of persons" on "any matter before
the governmental body with which he has been associated for one
(1) year after he leaves that body."
It is my opinion that Section 3(e) of the Act would
prohibit you from representing any person on any matter before
the Luzerne-Wyoming County Mental Health /Mental Retardation Pro-
gram Office for a period of one (1) year commencing on the date
that you resigned as an administrator with that Office.
Joseph DeVizia Page Two
While the ban on representation would not preclude
general informational inquiries, you would be prohibited by
Section 3(e) from attempting to influence in any matter a
decision of the Administrator's Office.
The Act would not prohibit you during the one (1)
year period from administering or managing a contract_awarded
your employer by the Luzerne- Wyoming County Mental Health/
Mental Retardation Program, provided you did not attempt to
influence a decision by that Office.
A personal appearance before the Commission and a
formal opinion will be issued upon your request, if you feel
this reply does not suffice.
Pursuant to Section 7(0)(ii), this advice is a
complete defense in any enforcement proceeding initiated by
the Commission, in evidence of faith conduct in any other
civil or criminal proceeding providing all the material facts
have been truthfully disclosed, and the acts complained of are
in reliance on this advice.
CONCLUSION:
A member of the County Administrator's Office may
transfer to a provider agency providing he or she does not for
a period of one (1) year attempt to influence in any matter a
decision by that !!administrator's Office. Employment by the
provider agency does not prohibit a former employee of the
Administrator's .Office from administering or managing a contract
awarded the providing agency by that Office.
DRM/ rp
State Ethics Commission
303 Finance Building
harrisburg, PA 17120
(717) 783 -1610
Sincerely,
David Rittenhouse Morrison
Chief Counsel