HomeMy WebLinkAbout80-571 RowlandTO:
DISCUSSSION:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
March 4, 1980
Baron Rowland
Baron Rowland Funeral Home
1059 Old York Road
Abington, PA 19001
ADVICE OF CHIEF COUNSEL
Advice # 80 -571
RE: District Governor of the Pennsylvania Funeral Directors
Association Serving on the State Board of Funeral Directors
FACTS:
On February 19, 1980 Baron Rowland of the Baron Rowland
Funeral Home wrote this office informing the State Ethics
Commission that Mr. Lutton still retained the office of
District Governor with the Pennsylvania Funeral Association.
He also advised that Clifford E. DeBaptiste, nominee funeral
director member to the State Board of Funeral Directors, is
the District Governor of District 7.
The issue is whether a member of the Board of Governor's
of a State -wide trade or professional association may be a
member of a State regulatory board.
A similar issue arose in the matter of Theodore R. Fritzinger,
80 -8, involving a member of the State Board of Landscape
Architects serving as a board member of the Pennsylvania Nurserymen
Association. In that case the Commission held that Mr. Fritzinger
must resign as a board member of the Pennsylvania Nurserymen
Association or the State Board of Landscape Architects.
Thus, both Mr. Lutton and Mr. DeBaptiste must resign as
members of the Board of Governor's of the Pennsylvania Funeral
Directors Association in order to serve as Funeral Director
members of the State Board of Funeral Directors.
Baron Rowland
March 4, 1980
Page 2
CONCLUSION:
DRM /rdp -3
Messers Lutton and DeBaptiste must resign from the
Board of Governors of the Pennsylvania Funeral Directors
Association in order to serve as members of the State
Board of Funeral Directors.
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