HomeMy WebLinkAbout79-556 MahaneyTO:
FACTS:
DISCUSSION:
CONCLUSION:
STATE; ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA 17108
ADVICE OF CHIEF COUNSEL
December 19, 1979
George F. Mahaney, Esquire
123 East State Street
Sharon, PA 16146
RE: Multiple Solicitorship
Advice Number 79 546
On October 11, 1979, the Commission received a request
for an Opinion as to whether an attorney holding many
solicitorships is guilty of a per se violation of Act 170
by reason of the solicitorships alone.
He is solicitor for a borough, for the Borough Sewer
Authority, for the County Planning Commission (of which
the Borough is a member), for the Shenango Valley Code
Enforcement Program which is administered by the Mercer
County Regional Planning Commission, and for the County
Treasurer of Mercer County.
The issue is whether holding a solicitorship in all
of these governmental bodies constitutes by itself a
violation of Act 170.
A State Ethics Commission has already held that holding
multiple solicitorships is not a per se violation of the
State Ethics Act. King, 79 -34.
None of these solicitorships are in and of themselves
adverse to each other. Were an adverse relationship to
appear there would be a conflict of interest under the
State Ethics Act. Additional conflicts of interest
are set forth in the Code of Professional Responsibility.
Being a solicitor for a borough, the Borough Sewer
Authority, the County Regional Planning Commission, the
ADVICE OF CHIEF COUNSEL
PAGE 2
applicable valley code enforcement program for that
region, and the County Treasurer all at the same time
does not constitute a conflict of interest under Act 170.
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.
DIWID RITTEN
Chief Counsel
MORRISON