HomeMy WebLinkAbout80-534 SonnenscheinTO:
FACTS:
DISCUSSION:
Marco S. Sonnenschein
915 North Front Street
Harrisburg, PA 17102
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
February 22, 1980
ADVICE OF CHIEF COUNSEL
RE: Section 3(e) and Time Calculation
Advice # 534
On February 6, 1980, Marco S. Sonnenschein, former
Deputy Secretary for Taxation for the Department of
Revenue, wrote this Commission asking for a ruling as to
whether he could appear before the Board of Finance and
Revenue.
He advised that on July 19, 1979 he left his position
as Deputy Secretary for Taxation, but last served as
designee for the Secretary of Revenue and the Board of
Finance and Revenue in the last week of June, 1979.
The Board of Finance and Revenue is composed of
officials from five state agencies, one of which is the
Department of Revenue. It rules on appeals on tax related
matters affecting the Commonwealth.
Mr. Sonnenschein is representing a client whose case
is now on appeal to the Board of Finance and Revenue. It
will be heard late June, 1980 exactly one year after he
has last represented the Department of Revenue or the Board
of Finance and Revenue.
He has asked this Commission for permission to represent
the client before the Board of Finance and Revenue the last
week of June, 1980, rather than loose the client because of
being required to wait until July 19, 1980, the one year
anniversary from his leaving the position as Deputy Secretary
for Taxation.
The issue is whether section 3(e) may be construed so
as to give different dates of commencing the one year bar
rule depending on what particular function the official filled
while serving as a public official or public employee.
Marco S. Sonnenschein
February 22, 1980
Page 2
DRM /rdp -2
In Berger /Beaser, 79 -60, the Commission held that a former
member of the law department of the city of Philadelphia is
barred for one year from representing anyone before the Zoning
Board of Adjustment from the date which he left the Zoning
Board of Adjustment, and not at the date he would have left the
solicitors office. Therefore, since the representation on the
Board of Finance and Revenue would cease the last week of June,
1980, Mr. Sonnenschein is not barred from representing a client
before the Board of Finance and Revenue commencing the last week
of June, 1980.
CONCLUSION:
A former Deputy Secretary for Taxation for the Department
of Revenue may represent a client before the Board of Finance
and Revenue within one year after he last represented the
Department of Revenue on the Board of Finance and Revenue, even
though he did not leave his position as Deputy Secretary for
Taxation until 3 weeks after he last appeared on the Board of
Finance and Revenue.
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.
di
DAVID RITTENHOUSE MORRISON
Chief Counsel