HomeMy WebLinkAbout79-557 BradermanTO:
DISCUSSION:
STATE ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA 17108
ADVICE OF CHIEF COUNSEh
December 19, 1979
Jay R. Braderman
Payne- Shoemaker Building
Fifth Floor
Harrisburg, Pennsylvania 17101
RE: Hearing Examiner, Bureau of Professional and
Occupational Affairs
FACTS:
AdvicB Number 79 5�?
On September 7, 1979, Jay R. Braderman wrote the
Commission inquiring as to whether the position of
part -time hearing examiner will bar him from practicing
before the various boards, agencies, and courts of this
Commonwealth.
Hearing examiners are chosen from a group submitted
to each board. There are no regular hearing examiners
assigned to a particular board of the bureau and of
Professional and Occupational Affairs.
The issue is what restrictions does the State Ethics
Act impose upon Mr. Braderman when he engages in the
private practice of law.
In order to answer the question being presented
it is necessary to determine the governmental body with
which Mr. Braderman may be associated.
§3 (e) states "No former official or public
employee shall represent a person, with or without com-
pensation, on any matter before the governmental body
with which he has been associated for one year after he
leaves that body."
Since hearing examiners are chosen from a group
submitted to each board, the governmental body of a
hearing examiner with the Bureau of Professional and
Occupational Affairs would be that Bureau.
ADVICE OF CHIEF COUNSEL
PAGE 2
CONCLUSION:
Therefore, there would be no conflict of interest
for Mr. Braderman to appear as an advocate before any
court of the Commonwealth, as an agency of the Commonwealth,
or board of the Commonwealth outside the Bureau of
Professional and Occupational Affairs.
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.
L. , 62C C� G ate le
DAVID RITTENHOUSE MORRISON
Chief Counsel