HomeMy WebLinkAbout85-540 RoseSTATE ETHICS COMMISSION
308 FINANCE BUILDING
P.O. BOX 11470
HARRISBURG, PA 17108 -1470
TELEPHONE (717) 783 -1610
April 24, 1985
ADVICE OF COUNSEL
Jay R. Rose, Esquire 85 -540
Beecher, Wagner, Rose & Klemeyer
402 Broad Street
Milford, Pike County, PA 18337
Re: Conflict of Interest; Multiple Solicitorships
Dear Mr. Rose:
This responds to your letter of April 17, 1985, wherein you requested
the advice of the State Ethics Commission.
Issue: Whether you may serve simultaneously as an assistant county solicitor
and solicitor for the County Tax Claim Bureau.
Facts: You are currently serving as an assistant county solicitor for a
county of the eighth class. You have indicated that this is a part -time
position and that the position of county solicitor is also part -time. You are
also interested in serving as solicitor of the Tax Claim Bureau in the county.
This, you have indicated is also a part -time position.
You ask whether you may, within the purview of the State Ethics Act,
simultaneously serve in both positions.
Discussion: The State Ethics Act covers and governs the conduct of persons
within the category of "public employee" or "public official" and in some
instances candidates of public office and persons who might be otherwise
subject to the provisions of Section 3(b) of the Ethics Act for example.
However, based upon the fact that you serve as a part -time municipal (county)
solicitor and or solicitor to the Tax Claim Bureau as stated above, we
conclude that you cannot be considered to be either a "public employee" or a
"public official" as those terms are defined in the State Ethics Act. See
Ballou v. State Ethics Commission, 56 Pa. Commw. 240, 424, A.2d 983 (1981),
affirmed 436 A.2d 186, 496 Pa. 127 (1981) without opinion and Snelbaker v.
State Ethics Commission, 70 Pa, Commw. 529 453 A.2d 709 (1982), affirmed
without opinion Pa. , 468 A.2d 746.
Jay R. Rose, Esquire
April 24, 1985
Page 2
In these decisions it was held that part -time municipal solicitors
retained as advisors to municipal clients are not within the definition set
forth above.
Thus, in your capacity as part -time solicitor, we cannot consider your
conduct to be subject to the provisions of the Ethics Act and, therefore, may
not provide you with any ruling with regard to the questions you raised. Your
conduct as an attorney, however, is governed by the Pennsylvania Supreme Court
and the Code of Professional Responsibility. Insofar as you believe a
conflict of interest may exist, you should consult that authority for further
guidance.
Conclusion: As a part -time municipal solicitor you are not to be considered a
"public employee" or a "public official" as that term is set forth in the
Ethics Act and therefore, we can make no comment or conclusion regarding the
question you raise.
Pursuant to Section 7(9)(ii), this 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, 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.
Finally, if you disagree with this Advice or if you have any reason to
challenge same, you may request that the full Commission review this Advice. A
personal appearance before the Commission will be scheduled and a;formal
Opinion from the Commission will be issued. Any such appeal must be made, in
writing, to the Commission within 15 days of service of this Advice pursuant
to 51 Pa. Code 2.12.
JJC /sfb
Sincerely,
John J. •ntino
General Counsel