HomeMy WebLinkAbout80-685 SmolowRonald J. Smolow
Groen & Smolow
uite 105
Neshaminy Plaza II
Street Road & Bristol Pike
Cornwells Heights, PA 19020
Dear Mr. Smolow:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
June 24, 1980
ADVICE OF THE COMMISSION
Advice #80 -685
On, February 26, 1980, and-in subsequent correspondence of
March 5, 1980, you asked the Commission for an opinion on your
representation or the Lower Southampton Township Municipal Authority.
You stated that you had been the Lower Southampton Township
Solicitor until January 1980. You now represent the Lower
Southampton Township Municipal Authority. In addition, you
stated that the authority had asked you to represent them in
an action against the Lower Southampton Township Supervisors. This
action was brought against an ordinance considered for adoption
on February 4, 1980.
On October 17, 1979 in Berger /Beaser (79 -060) the Commission
ruled that a former assistant city solicitor could not represent
any person in the pre -suit or pre- administrative litigation stage
or representation involving negotiations with his former
governmental body for one year after he left that body.
The opinion also stated that he could represent persons
in the courts of the Commonwealth.
On February 7, 1980, the Commission reaffirmed that position
in an advice (80 -93) in which they barred a former solicitor of
a city authority from representing any person before that authority
for one year after he had left his solicitorship with them. This
opinion and advice were based on Section 3(e) of Act 170 which
bars any person from representing anyone before their former
governmental body for one year after they leave such body.
June 23, 1980
Page 2
Act 170 prohibits you from representing anyone before
Lower Southampton Township for a period of one year after you
left your solicitorship with that township.
It does not bar you from representing any one in any
court of the Commonwealth.
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.
This letter is a public record and will be made available
as such.
PJS /nia
You may appeal this advice to the full Commission.
UL J. S
Chairman