HomeMy WebLinkAbout80-520 PalermoTO:
FACTS:
DISCUSSION:
STATE ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA 17108
February 7, 1980
ADVICE OF CHIEF COUNSEL
James S. Palermo, Esquire
700 Northeastern Bank Building
Hazleton, PA 18201
Correale F. Stevens
416 Northeastern Bank Building
Broad and Wyoming Streets
Hazleton, PA 18201
80 -520
On November 8, 1979 James S. Palermo, Esquire wrote this
office advising that he was completing his term as city council
on December 31, 1979, and would like to know whether or not he
is precluded from handling any cases against the city in 1980,
or appearing before administrative boards or tribunals of the
city.
On January 11, 1980, Executive Director, Edward M. Seladones
wrote Mr. Palermo advising him of Adler, 79 -43, and Widoff, 79 -55.
On January 7, 1980, Mr. Palermo wrote again asking whether
he could represent clients against the city or an authority,
or union grivances which may lead to arbitration before an
arbitrator.
On January 14, 1980, Mr. Correale F. Stevens wrote this
Commission advising that he served as Hazleton City Solicitor
until his resignation in May, 1979 at which time he was
appointed to solicitor for the Hazleton City Authority. Mr.
Stevens asked if appointees to the Hazleton City Authority
were to file a law suit against that authority, may he defend
the actions as solicitor for the Hazleton City Authority
given his former status as Hazleton City Solicitor?
The issue is whether the State Ethics Act bars representation
of certain parties in a court of law, or is limited to limiting
representation at the administrative level.
Section 3(e) of the State Ethics Act 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."
Palermo, Stevens
February 7, 1980
Page 2
Neither Mr. Stevens nor Mr. Palermo were associated
with the Court of Common Pleas where the expected litigation
would take place; therefore, there would be no bar to either
defending or prosecuting an action in the court of law.
The Commission has already held in Berger /Beaser, 79 -60,
that a former assistant city solicitor is barred from negotiating
any matter with a solicitor's office, but is not barred from
in court litigation.
Messers Palermo & Stevens would be barred from representing
any person before city council within one year after they left
city council, or any advisory or subordinate agency of city
council. This would include representation before any
administrative boards or tribunals of the city. It would not
cover representation before authorities, since an authority
is independent and not under control of the city council.
Mr. Stevens would be barred from representing any person
before the authority until one (1) year after he has left
the position of solicitor for the Hazleton City Authority.
Neither Mr. Stevens nor Mr. Palermo may represent any
person on any matter where they previously represented the
adverse party on the same matter. For example, Mr. Stevens
could not as city solicitor have represented the city in
appointing certain members to the Hazleton City Authority,
and then represent the authority and argue the position
that they should not have been appointed. The Commission
restates the rule of the Code of Professional Responsibility
that no attorney may switch sides in any litigation.
CONCLUSION:
Section 3(e) does not bar the prosecution or defense of
any legal action in a court of law; therefore, Mr. Stevens may
fulfill his official duties and employment obligations as
solicitor of an authority and defend an action by appointees
to that Authority. Likewise, a former city councilman may
represent any client in a court of law against the city or
an authority. A former city councilman may not represent any
person before the city council or any governmental body
subordinate to the city council within one year after he
leaves that body.
No former public official can represent a client on
a matter in which he participated as city councilman or
city solicitor.
Palermo, Stevens
February 7, 1980
Page 3
DRM /rdp -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.
DAVID RITTENHbUSE MORRISON
Chief Counsel