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HomeMy WebLinkAbout26-549 CoheePHONE: 717-783-1610 TOLL FREE: 1-800-932-0936 To the Requester: Anna G. Cohee Dear Ms. Cohee: STATE ETHICS COMMISSION FINANCE BUILDING 613 NORTH STREET, ROOM 304 HARRISBURG, PA 17120-0400 FACSIMILE: 717-787-0806 WEBSITE: www.ethics.pa.gov ADVICE OF COUNSEL July 24, 2026 26-549 This responds to your submission received July 17, 2026, by which you requested an advisory from the Pennsylvania State Ethics Commission ("Commission"), seeking guidance as to the issue presented below: Issue: Whether the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et sec.., would impose prohibitions or restrictions upon you regard to performing work for a federal contractor due to your former employment as a Biologist Aide with the Pennsylvania Game Commission ("Game Commission") from January 2018 to May 2018. Brief Answer: NO. Because your employment with the Game Commission terminated more than eight years ago, the "revolving door" restrictions of Section 1103(g) of the Ethics Act, which apply to former public officials/public employees during the first year following termination of public service/public employment, would not impose restrictions upon you with regard to performing work for a federal contractor. Facts: You were employed as a Biologist Aide with the Game Commission from January 2018 to May 2018. You are currently being considered for a position as an Environmental Planner with ICF, which is a federal contractor. ICF requires that you obtain confirmation that there are no conflicts between your potential new role with ICF and your former work with local, state, and federal government. Cohee, 26-549 July 24, 2026 Page 2 The question that is posed by your advisory request is whether the Ethics Act would impose any prohibitions or restrictions upon you with regard to performing work for ICF due to your former employment as a Biologist Aide with the Game Commission. Discussion/Conclusion: It is initially noted that pursuant to Sections 1107(10) and 1107(11) 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 does 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 relevantto 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. As the submitted facts do not include a position description for your former position with the Game Commission, this Advice assumes, without deciding, that during your employment as a Biologist Aide with the Game Commission, you were a "public employee" subject to the provisions of the Ethics Act. Consequently, upon termination of your employment with the Game Commission, you became a "former public employee" subject to the "revolving door" restrictions of Section 1103(g) of the Ethics Act. Section 1103(g) of the Ethics Act provides as follows: § 1103. Restricted activities (g) Former official or employee. --No former public official or public employee shall represent a person, 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. 65 Pa.C.S. § 1103(g) (Emphasis added). The restrictions of Section 1103(g) of the Ethics Act, which apply to former public officials and former public employees, apply for one year following termination of service in the public position. Based upon the submitted fact that your employment with the Game Commission terminated in May 2018, more than eight years ago, you are advised that the restrictions of Section 1103(g) of the Ethics Act are not applicable to you now. Therefore, Section 1103(g) would not impose restrictions upon you with regard to performing work for ICF. Lastly, the propriety of the proposed conduct has only been addressed under the Ethics Act. Pursuant to Section 1107(11) 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. Cohee, 26-549 July 24, 2026 Page 3 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