HomeMy WebLinkAbout79-531 CarterRE:
FACTS:
DISCUSSION:
PUC Commissioner
STATE ETHICS COMMISSION
HARRISBURG, PA.
September 26, 1979
ADVICE OF CHIEF COUNSEL Advice Number 79 -531
Louis J. Carter, Commissioner
23 Wiltshire Road
Philadelphia, PA 19151
On September 6, 1979, Louis J. Carter, Commissioner
of the Pennsylvania Public Utilities Commission, advised
the State Ethics Commission that he will be leaving the
Commission at the end of September, 1979. He requested
advice as to what responsibility he had concerning the
filing of Financial reports or otherwise.
The issue before the Board relates to the duties of
the PUC Commissioner upon leaving his office.
A PUC Commissioner must file with the Commission a
Financial Interest Statement by May 1, 1980, for the
previous year, 1979. Pursuant to Section 4(a) of the Act.
Section 3(e) states: "No former official or public
employee shall represent a person, with or without compen-
sation, on any matter before the government or body with
which he has been associated for one (1) year after he
leaves that body."
Therefore, if Commissioner Carter leaves his office
on September 30, 1979, he may not represent anyone before
the Pennsylvania Utility Commission until October 1, 1980.
Pursuant to Sections 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.
A personal appearance before the Commission and a
formal opinion will be issued upon your request, if you
feel this reply does not suffice.
Louis J. Carter, Commissioner
September 26, 1979
page 2
This letter is a public record and will be made
available as such.
CONCLUSION:
A PUC Commissioner who leaves office in 1979 must
file a Financial Interest Statement by May 1, 1980, for
the year 1979.
A PUC Commissioner may not practice before the Public
Utility Commission for one (1) year after he leaves that
body.
David Rittenhouse Morrison
Chief Counsel