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HomeMy WebLinkAbout26-538 YoukerPHONE: 717-783-1610 TOLL FREE: 1-800-932-0936 To the Requester: Darrin Youker Dear Mr. Youker: STATE ETHICS COMMISSION FINANCE BUILDING 613 NORTH STREET, ROOM 304 HARRISBURG, PA 17120-0400 ADVICE OF COUNSEL June 10, 2026 FACSIMILE: 717-787-0806 WEBSITE: www,ethics.12a.gov 26-538 This responds to your letter dated May 20, 2026, received June 3, 2026, by which you requested an advisory from the Pennsylvania State Ethics Commission ("Commission"), seeking guidance as to the general issue presented below: Issue: Facts Whether the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seq., would impose restrictions upon you with regard to performing work for your new employer, the International Dairy Foods Association, following termination of your employment as the Policy Director for the Pennsylvania Department of Agriculture ("Department of Agriculture"). BriefAnslver YES. During the first year following termination of your employment with the Department of Agriculture, Section 1103(g) of the Ethics Act would apply and restrict you from engaging in any activity that would involve "representing" a "person" — including but not limited to the International Dairy Foods Association — before your "former governmental body," the Department of Agriculture. You request an advisory from the Commission based upon submitted facts that may be fairly summarized as follows. From March 2023 until May 29, 2026, you were employed as the Policy Director for the Department of Agriculture. In that role, you reported to the Secretary of Agriculture, providing insight and guidance into budget, policy, legislative, and regulatory matters impacting agriculture in Pennsylvania. Youker, 26-538 June 10, 2026 Page 2 Starting in June 2026, you will be serving as the Director of State Government Affairs for the International Dairy Foods Association ("Association"), a trade organization that represents dairy food manufacturers. Your role with the Association will involve lobbying and advocacy in numerous states, including Pennsylvania. It is likely that you will become a registered lobbyist in Pennsylvania sometime in 2026 or 2027. You express your understanding that you are not permitted to interact with any employee of the Department of Agriculture in relation to your employment with the Association for a period of one year. In 2019, you were appointed by Governor Tom Wolf to serve on the Board of Directors ("Board") of the Center for Rural Pennsylvania. In January 2025, Governor Josh Shapiro reappointed you to serve a term on the Board of the Center for Rural Pennsylvania. Your current term will expire in 2027. Based upon the above submitted facts, you pose the following questions: (1) Whether the Ethics Act would permit you to "represent a person with promised or actual compensation" before Members of the Pennsylvania General Assembly beginning in June 2026; and (2) Whether the Ethics Act would permit you to continue to serve on the Board of the Center for Rural Pennsylvania for the remainder of your term. Discussion: It is initially noted that pursuant to Sections 1107(10) and 1107(l1) of the Ethics Act, 65 Pa.C.S. §§ 1107(10), (11), advisories are issued to the requester based upon the facts that the requester has submitted. In issuing the advisory based upon the facts that the requester has submitted, the Commission Noes not engage in an independent investigation of the facts, nor does it speculate as to facts that have not been submitted. It is the burden of the requester to truthfully disclose all of the material facts relevant to the inquiry. 65 Pa.C.S. §§ 1107(10), (11). An advisory only affords a defense to the extent the requester has truthfully disclosed all of the material facts. The post -employment restrictions of Section 1103(g) of the Ethics Act apply to former public officials/public employees. While Section 1103(g) does not prohibit a former public official/public employee from accepting a position of employment, it does restrict the former public official/public employee with regard to "representing" a "person" before "the governmental body with which he has been associated": § 1103. Restricted activities (g) Former official or employee. --No former public official or public employee shall re rp •esent a e�rson, with promised or actual compensation, on any matter before the governmental body with which he has been associated for one year after he leaves that body. Youker, 26-538 ,lone 10, 2026 Page 3 65 Pa.C.S. § 1103(g) (Emphasis added). The terms "represent," "person," and "goveriunental body with which a public official or public employee is or has been associated" are specifically defined in the Ethics Act as follows: § 1102. Definitions "Represent." To act on behalf of any other person in any activity which includes, but is not limited to, the following: personal appearances, negotiations, lobbying and submitting bid or contract proposals which are signed by or contain the name of a former public official or public employee. "Person." A business, governmental body, individual, corporation, union, association, firm, partnership, committee, club or other organization or group of persons. "Governmental body with which a public official or public employee is or has been associated." The governmental body within State govermnent or a political subdivision by which the public official or employee is or has been employed or to which the public official or employee is or has been appointed or elected and subdivisions and offices within that governmental body. 65 Pa.C.S. § 1102. The term "person" is very broadly defined. It includes, inter alia, corporations and other businesses. It also includes the former public official/public employee himself, Confidential Opinion, 93-005, as well as a new governmental employer. Ledebur, Opinion 95-007. The term "represent" is also broadly defined to prohibit acting on behalf of any person in and activity. Examples of prohibited representation include: (1) personal appearances before the former governmental body or bodies; (2) attempts to influence; 3) submission of bid or contract proposals which are signed by or contain the name of the former public off cial/public employee; (4) participating in any matters before the former governmental body as to acting on behalf of a person; (5) lobbying; and (6) acting to make known to the former governmental body the representation of, or work for, a new employer. Pop_ov_ ch, Opinion 89-005, Edley, Opinion 17- 002; Confidential Opinion, 17-007; Valentine, Opinion 20-003. Listing one's name as the person who will provide technical assistance on a proposal, document, or bid, if submitted to or reviewed by the former governmental body, constitutes an attempt to influence the former governmental body. Section 1103(g) also generally prohibits the inclusion of the name of a former public official/public employee on invoices submitted by his new employer to the former governmental body, even if the invoices pertain to a contract that existed prior to termination of service with such governmental body. Shay, Opinion 91-012. However, if such a pre-existing contract does not involve the unit where a former public employee worked, the name of the former public employee may appear on routine invoices if required by Youker, 26-538 June W, 2026 Page 4 the regulations of the agency to which the billing is being submitted. Abrams/Webster, Opinion 95-011. A former public official/public employee may assist in the preparation of any documents presented to his former governmental body. However, the former public official/public employee may not be identified on documents submitted to the former governmental body. The former public official/public employee may also counsel any person regarding that person's appearance before his former governmental body. Once again, however, the activity in this respect should not be revealed to the former governmental body. The Ethics Act would not prohibit or preclude making general informational inquiries to the former goverm- rental body to secure information which is available to the general public, but this must not be done in an effort to indirectly influence the former goveriunental body or to otherwise make known to that body the representation of, or work for, the new employer. Section 1103(g) only restricts the former public official/public employee with regard to representation before his former governmental body. The former public official/public employee is not restricted as to representation before other agencies or entities. However, the "governmental body with which a public official/public employee is or has been associated" is not limited to the particular subdivision of the agency or other governmental body where the public official/public employee had influence or control but extends to the entire body. See, Legislative Journal of House, 1989 Session, No. 15 at 290, 291; Sirolli, Opinion 90-006; Sharp, Opinion 90-009-R. Conclusion: In your former capacity as the Policy Director for the Department of Agriculture, you were a public employee subject to the provisions of the Ethics Act. Consequently, upon termination of your employment with the Department of Agriculture, you became a "former public employee" subject to Section 1103(g) of the Ethics Act. The governmental body with which you are deemed to have been associated upon termination of your employment with the Department of Agriculture is the Department of Agriculture in its entirety. For the first year following termination of your employment with the Department of Agriculture, Section 1103(g) of the Ethics Act would apply and restrict you from "representing" a "person'— including but not limited to your new employer, the Association — before the Department of Agriculture. The restrictions as to representation outlined above must be followed. During the first year following termination of your employment with the Department of Agriculture, Section 1 t03(g) of the Ethics Act would prohibit you from performing any job duties in your role as the Director of State Government Affairs for the Association that would involve prohibited representation of the Association before the Department of Agriculture as delineated above. Turning to your specific questions, you are first advised that Section 1103(g) of the Ethics Act would not prohibit you from representing the Association or another "person," with promised or actual compensation, before the Members of the Pennsylvania General Assembly beginning in June 2026. You are further advised that Section 1103(g) of the Ethics Act would not prohibit you from continuing to serve on the Board of the Center for Rural Pennsylvania for the remainder of your term. Youker, 26-538 June 10, 2026 Page 5 Lastly, the propriety of the proposed conduct has only been addressed under the Ethics Act; the applicability of any other statute, code, ordinance, regulation or other code of conduct other than the Ethics Act has not been considered. Pursuant to Section 1107(l 1) of the Ethics Act, an Advice 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, provided the requester 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. Finally, if you disagree with this Advice or if you have any reason to challenge same, you may appeal the Advice to the full Commission. A personal appearance before the Commission will be scheduled and a formal Opinion will be issued by the Commission. Any such appeal must be in writing and must be actually received at the Commission within thirty (30) days of the date of this Advice pursuant to 51 Pa. Code § 13.2(h). The appeal may be received at the Commission by hand delivery, United States mail, delivery service, or by FAX transmission (717-787-0806). Failure to file such an appeal at the Commission within thirty (30) days may result in the dismissal of the appeal. Respectfully, Bridget K. Guilfoyle Chief Counsel