HomeMy WebLinkAbout80-666 Smithl •
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STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
Dear Mr. Smith:
Carl J. Smith, Jr.
Greenlee, Richman, Derrico & Posa
Attorneys At Law
Washington, PA 15301
June 2, 1980
ADVICE OF COMMISSION
Advice #80 -666
On April 30 & May 1, 1980, you requested advice of the
Commission regarding the restrictions placed upon you by Act 170.
You noted you were a former assistant attorney general
having served the Commonwealth until April 15, 1980. You were
associated with the State Workmen's Insurance Fund and your
duties included "representing the State Workmen's Insurance fund
and the employers insured by this agency at all stages of
workmen's compensation proceedings before compensation Referees
and a Workmen's Compensation Appeal Board."
You were a "public employee" as that term is used in Act 170.
Section 3(e) of the Act states that no former public official or
employee shall represent a person with or without compensation on
any matter before the governmental body with which he has been
associated for one year after he leaves that body.
The governmental body with which you were associated was
the Department of Labor & Industry and therefore you would be
barred from representing a person before that agency including
worker's compensation referees for a period of one year.
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.
You may appeal this advice to the full Commission.
This letter is a public record and will be made available
as such.
PJS /rdp