HomeMy WebLinkAbout80-531 RaudenbushTO:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
February 22, 1980
ADVICE OF CHIEF COUNSEL
Charles Raudenbush, Jr.
Lower Southampton Township
1500 Desire Avenue
Feasterville, PA 19047
RE: Limitations of a Former Township Solicitor
FACTS:
On February 8, 1980 Charles Raudenbush, Jr., Vice -
Chairman of the Lower Southampton Township Board of
Supervisors, wrote this Commission asking whether the
former township solicitor can represent the Township
Municipal Authority before the Board of Supervisors. He
advised that the former township solicitor was being retained
by the authority as special council for an equity action
against the Board of Supervisors.
DISCUSSION:
Advice # 80 -531
The issue is whether section 3(e) bars a former township
solicitor from representing an authority in litigation against
his former clients, the Township Board of Supervisors.
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.
This Commission has already decided that section 3(e)
in no manner effects representation in a court of law. Berger/
Beaser, 79 -60, Kulier, 79 -80.
Actions in equity are usually commenced in the Court of
Common Pleas before a Chancellor.
He is barred from representing any person before the
township where no litigation is pending on a matter for a
period of one year after he left the position of solicitor.
Charles Raudenbush, Jr.
Feburary 22, 1980
Page 2
CONCLUSION:
DRM /rdp -2
A former township solicitor is not barred by Section 3(e)
from representing any person in court against the governmental
body with which he has been associated. A township solicitor
is barred from representing any person before the township for
a period of one year after he leaves that body.
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 disclsoed 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.
/i 1
DAVID
ITTENHOUSE MORRISON
Chief Counsel