HomeMy WebLinkAbout80-521 HobbsTO:
FACTS:
DISCUSSION:
Davis R. Hobbs
112 Warren Street
Tunkhannock, PA 18657
STATE ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA 17108
February 13, 1980
ADVICE OF CHIEF COUNSEL
80 -521
RE: County Solicitors and Client Disclosure Requirement
On January 17, 1980, Davis R. Hobbs, Esquire, wrote this
Commission asking whether county solicitors were public
employees or public officials. He also asked whether the
phrase "doing business within the jurisdiction of the
governmental body" in the Lowery opinion should read "doing
business with the jurisdicition of the governmental body."
The issue is whether a county solicitor is a public
employee or public official.
The distinction between the two for practical purposes
is the filing requirement. Public employees file only with
the county commissioners, while public officials would file
both with the county commissioners and the State Ethics
Commission.
The Commission recognizes the substantial difference in
size between an eighth -class county and a first -class county.
Solicitors for counties of third class through eighth class
act only part -time, and in some cases, serve with only
modest compensation. On the other hand, solicitors for
Allegheny County and Philadelphia County play a major role
at the policy level in their counties, and devote the majority
of their time to the position of county solicitor.
Therefore, county solicitors at the first- & second -class
county level are public officials, and must file their Statements
of Financial Interests with the State Ethics Commission as well
as the county commissioners in Allegheny County, and the president
of city council of the Philadelphia county. Solicitors of third -
through eighth -class counties devote only a small fraction of
their time to the position of county solicitor, and as such are
public employees, and need only file with the county commissioners
office.
Davis R. Hobbs
February 13, 1980
Page 2
CONCLUSION:
DRM /rdp -2
Client disclosure of a solicitor is only required where
the advice is for the purpose of dealing with the governmental
body with which that solicitor is associated. Since it is a
violation of the Code of Professional Responsibility to
represent both sides of any matter, disclosure would normally
only occur when an attorney is accepting a new solicitorship
and has advised clients with respect to matters with which
that governmental body has dealt.
County solicitors at the first- & second -class county
level are public officials and must file Statements of
Financial Interests with their governing authority and with
the State Ethics Commission. County solicitors of third
through eighth -class counties are public employees and only
file their Statements of Financial Interests with their
governing authority. Disclosure of clients identities and
address of a solicitor is only required of those persons who
have paid fees for services related to matters before the
governmental body with which that attorney is or would be-
associated.
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 RITTENHOUSE MORRISON
Chief Counsel