HomeMy WebLinkAbout79-554 McDermottTO:
RE:
FACTS:
DISCUSSION:
CONCLUSION:
STATE ETHICS COMMISSION
P. 0, Box 1179
Harrisburg, PA 17108
ADVICE OF CHIEF COUNSEL
November 20, 1979
Arthur T. McDermott, Esquire
127 S. College Street
Carlisle, PA 17013
Advice Number 79 -554
Whether an attorney /state employee may represent
members of his department on personal matters
outside normal working manhours
On September 28, 1979, Arthur T. McDermott wrote the
Commission to ask whether or not he was in a conflict
of interest with respect to representation of certain
members of his department outside of normal working
hours. He is a member of Pennsylvania Bar and of the
District of Columbia Bar. He maintains a small general
practice outside normal working hours. His practice
does nct involve the Department of Health, of which he
is employed.
Mr. McDermott advised that he has accepted employment
as a private attorney for the drafting of wills, custody
hearings, an alleged default payment matter, divorce,
and a change of name action. He asks whether such
representation is limited or barred by Act 170.
The issue here is whether Act 170 limits a Commonwealth
employee /attorney from giving legal advice to members of his
governmental body outside normal working hours.
Act 170 does not specifically address this issue at
all. Providing legal services to members of one's department
is not using one's public office for financial gain.
Section 3(a) does bar any public official or public employee
from representing an individual before the agency of which
he is a public official or public employee. This is not
the case here.
Act 170 does not bar Commonwealth employees /attorneys
from representing members of their agency in nonagency
related matters outside normal working hours.
79 554
Arthur T. McDermott
November 20, 1979
page 2
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.
A personal appearance before the Commission and a
formal opinion will be issued upon your request, if you
feel this reply does not suffice.
This letter is a public record and will be made
available as such.
DAV D RITTENHOUSE MORRISON
Chief Counsel