HomeMy WebLinkAbout80-506 KirkpatrickTO:
RE:
FACTS:
DISCUSSION:
David W. Kirkpatrick
2323 Rudy Road
Harrisburg, PA 17104
STATE ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA 17108
January 25, 1980
ADVICE OF CHIEF COUNSEL
80 - 506
Legislative Analyst accepting employment as a producer of
a public television program, "Pennsylvania Perspective."
Legislative Analyst accepting employment as a Researcher/
Political Specialist /Lobbyist with the Association of
Pennsylvania State College and University Faculties
(APSCUF).
On January 9, 1980 David W. Kirkpatrick wrote this Commission
asking for advice concerning the applicability of Act 170 to
the following fact situation
is a legislative Analyst for Sanator Patrick J. Stapleton,
Chairman of the Senate Agricu] tural and Rural Lffars Committee.
He has an opportunity to Droduce a program cared,
"Pennsylvania Perspective." This is a documentary progr.a.ra
which features guest speakers who are public officials in
Pennsylvania, and films covering issues presently before
various Commonwealth agencies. The progam is nonpartisan in
nature.
Mr. Kirkpatrick, has aisc been invite& to appiiy for r uoci.ti.oLi
with the Association of :?ennsylvania_State College and University
faculties ( APSCUF) as a.Researcher /Political Specialist /Lobbyist.
The first issue is whether the position of legislative
analyst is coverer. under the definition "pub],ic employee," as
defined in section 2 of the Sate E�hics At T c: Commission is
presently in the process o drawing up regulations covering this
very issue. Pending adoption of regulatior_s, the Commission
would hold that Mr, Kirkpatrick is a "public employee."
The second isuF. is what is the governmental body with
which Mr. Kirkpatrick is associated.
David W. Kirkpatrick
January 23, 1980
Page 2
RM /rdp-3
Section 3(e) states "no former official or public employee
shall represent a person, with or without compensation, on any
matter before the governmental body with which he has been
associated for one year after he leaves that body."
In Ewing, 79 -10, the Commission held that the term,
"governmental body," as defined in the Act, includes the
Senate Minority Leader's office...." The governmental body
to which Mr. Kirkpatrick is associated is the Senate Agricultural
and Rule A :'fairs Committee.
Under Section 3(e) Mr. Kirkpatrick would be barred from
representing any person before the Senate Agricultural and
Rule Affairs Commitee.
He is not barred from requesting information or inviting
a guest speaker from the Senate Agricultural and Rural Affairs
Committee for the purposes of a public television program while
he is a legislative analyst for that Committee or after leaving
that position:
CONCLUSION:
A legislative analyst for the Senate Agricultural and
Rural Affairs Committee may not represent any person before
that Committee for one year after he leaves his position as
legislative analyst.
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.
AVID RITTENHOUSE MORRISON
Chief Counsel