HomeMy WebLinkAbout80-550 HuffTO:
FACTS:
DISCUSSION:
CONCLUSION:
STATE ETHICS COMMISSION
HARRISBURG, PA.
ADVICE OF CHIEF COUNSEL
February 28, 1980
James R. Huff
Borough Secretary- Manager
605 Ross Avenue
Wilkinsburg, PA 15221
Advice # 550
• RE: Employment of a former borough council member as
an assistant manager.
On December 27, 1979, Mr. Huff asked whether "employ-
ment of a former borough council member in an administrative
position would violate the Pennsylvania Ethics Act ".
The issue is whether Act 170.restricts the former
council person's employment in these circumstances.
Section 3, subsection (e), prohibits a former
public official or public employee from representing
any persons before their former governmental body for
one year after they leave that governmental body.
The former borough councilman would be working with
the borough and not representing any person before that
body. There are no other sections of the Act which would
apply to these circumstances.
There is no violation of Act 170 when a former
borough council person is employed on the borough admin-
istrative staff. The normal employment process should be
used for this appointment.
S
T Mr. James R. Huff
Page 2
Pursuant to Section 70 )(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 MORRISO
Chief Counsel