HomeMy WebLinkAbout80-504 Hussie•$
FACTS:
DISCUSSION:
STATE ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA 17108
January 18, 1980
ADVICE OF CHIEF COUNSEL
TO: Edward C. Hussie
Chief Counsel to Majority Leader
House of Representatives
Commonwealth of Pennsylvania
RE: Lawyer - Legislator Disclosure Obligations
80 - 504
On this date Edward C. Hussie, Chief Counsel to the
Majority Leader of the House of Representatives, asked
what are the disclosure responsibilities of lawyer- legis-
lators with respect to their clients.
On November 7, 1979, the State Ethics Commission
issued a ruling, Lowery, 79 -064, requiring lawyer- public
officials and lawyer- public employees to disclose the names
of those clients who have matters before the governmental
body which that public official or public employee
represents.
The issue before the Commission is what clients
must lawyer - legislators disclose?
Lawyer - legislators and candidates for the General
Assembly must disclose those clients involved in matters
with state agencies in matters involving non - ministerial
action of such agencies in cases where a member receives
$500 adjusted gross income as a result of personal repre-
sentation before that agency, or representation by his or
her firm.
Examples of ministerial activity are as follows:
A) The uncontested or routine action by the
Commonwealth administrative officers for
employees in issuing or renewing licenses,
charters, certificates or any other docu-
ments of a similar nature; or
B) The preparation, filing and review of tax
returns and supporting documents required
by law; or
(7 (-
ADVICE OF CHIEF COUNSEL
Edward C. Hussie
Page 2 - January 18, 1980
C) The preparation, filing and review of
engineering and architectural plans,
drawings, specifications and reports; or
D) Any other initially routine or uncontested
preparation, filing, review or other action
not enumerated above and considered and
normally handled by the Commonwealth or
its agencies as a ministerial action.'
In the event the regulations which are adopted
differ from this Advice, any member is hereby protected
from civil and criminal prosecution, as set forth below,
pending receipt of an amended form within a reasonable
time of the adoption of regulations.
Individuals may request a meeting in executive session
with the State Ethics Commission on any question relating to
the State Ethics Act.
CONCLUSION:
Lawyer - legislators and candidates for the General
Assembly must disclose those clients involved in disputes
with state agencies in matters involving non - ministerial
action of such agencies in cases where a member receives
$500 adjusted gross income as a result of personal repre-
sentation before that agency, or representation by his or
her firm.
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.
DRM:jc
cc: Russell Davis
DAVID RITTENHOUSE MORRISON
Chief Counsel
Taken from Rule 65(A), History of House Resolutions, Page I -33