HomeMy WebLinkAbout80-551 McCabeTO:
FACTS:
DISCUSSION:
CONCLUSION:
STATE ETHICS COMMISSION
HARRISBURG. PA.
ADVICE OF CHIEF COUNSEL
February 28, 1980
Robert F. McCabe, Jr., Esquire
Lindsay, McGinnis, McCandless & McCabe
930 Grant Building
Pittsburgh PA 15219
. RE: Disclosure of clients by a borough solicitor.
Advice # 551
On November 27, 1979, Mr. McCabe asked whether he
must itemize individual clients who pay him sums in excess
of $500.00 per year or merely list all income from the-prac-
tice of law under one category.
The primary issue is what clients - if any - must be
identified by name by a borough solicitor. ,
Mr. McCabe is a public official as that term is used
in Act 170.
In Opinion No. 79 -064 (Lowery), the Commission ruled
that attorneys, acting as individuals, or as members of a
law firm, are required to disclose only those individuals
businesses or associations doing business with the juris-
diction of the governmental body with which the public
official or public employee is, or if a candidate would be,
associated.
In proposed regulations published in the Pennsylvania
Bulletin of February 9, 1980, the Commission further clari-
fied filing requirements of attorneys who are public,offic-
ials, public employees or candidates.
Mr. McCabe is required to report the names of those
clients -who meet the criteria of the above opinion and
regulations. A copy of that opinion and regulations is
attached as part of this advice.
Mr. Robert F. McCabe, Jr., Esq.
Page 2
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