HomeMy WebLinkAbout80-594 WilliamsTO:
February 21, 1980
ADVICE OF CHIEF COUNSEL
W. Alan Williams, Esquire
Lewis & Williams
102 East Main Street
Schuykill Haven, PA 17972
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
Advice # 80 -594
RE: Section 3(c) and Extaordinary Services of a Solicitor
FACTS:
On Janaury 25, 1980, W. Alan Williams wrote this Commission
advising that members of his firm have retainers with various
political subdivisions as solicitors. Occasionally the solicitor
is retained to defend the governmental body in a law suit for an
amount in excess of $500.
Mr. Williams writes, "since these types of employment of
the Solicitor are contemplated in the original hiring, I have
taken the position that they are not subject to the notice
requirements of section 3(c) of the Act."
DISCUSSION:
The issue is whether a governmental body which has
employed a solicitor for legal services must meet the "open
and public process" requirements of section 3(c) of the State
Ethics Act, 65 P.S. 403(c), when extraordinary services are
required.
The Commission concurs with your analysis of section 3(c)
that it is reasonable to presume that a governmental body will
employ the solicitor for extraordinary legal services such as
the defense of a law suit. Further, governmental bodies
presume that the solicitor will be available for such representation
and will "make time" to be available, even if it means declining
other business. Therefore, section 3(c) has no application for
the employment of a solicitor for extraordinary services in
excess of $500.
W. Alan Williams, Esquire
February 21, 1980
Page 2
DRM /rdp -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