HomeMy WebLinkAbout80-537 LudwigTO:
RE: Affective Date
FACTS:
DISCUSSION:
CONCLUSION:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
February 27, 1980
ADVICE OF CHIEF COUNSEL
Alvin J. Ludwig
Ludwig, Schauffler, Klein & Geddis
1408 Frick Building
Pittsburgh, PA 15219
Advice 11 537
On February 18, 1980, Alvin J. Ludwig, Esquire, requested
an opinion as to whether he was subject to the State Ethics Act.
He terminated his employment with the Pennsylvania Public
Utility Commission as an administrative law judge on December
19, 1978.
The issue is whether an individual who terminates their
employment with a governmental body on December 19, 1978 is
subject to the filing requirements and revolving door bar
(3(e)) of the State Ethics Act.
Section 14 of the State Ethics Act states the Act shall
take affect January 1, 1979, except that certain subsections
will take place after that date.
Since December 19, 1978 is prior to January 1, 1979,
individuals who left their governmental body prior to January
1, 1979 are not subject to the State Ethics Act. If you had
stayed over as a public employee into January, of 1979, a
different result would obtain. Kline, 79 -1.
A person who terminates their employment with a governmental
body prior to January 1, 1979 is not subject to the State Ethics
Act.
Alvin J. Ludwig
February 27, 1980
Page 2
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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.
DAVID RITTENHOUSE MORRISON
Chief Counsel