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HomeMy WebLinkAbout80-712 JonesRobert H. Jones Associate Counsel PA Housing Finance Agency 3211 N. Front Street Harrisburg, PA 17110 Dear Mr. Jones: September 12, 1980 ADVICE OF COUNSEL 80 RE: Section 3(e) Prohibition Against Representation ISSUE: Your question is whether you may represent the Pennsylvania Housing Finance Agency before the Pennsylvania Human Relations Commission or whether such representation is precluded by Section 3(e) of the Ethics Act. FACTS: Your letter of September 8, 1980, indicated that you are an attorney wino was previously on the staff of the Pennsylvania Human Relations Commission but currently works for the legal staff of the Pennsylvania Housing Finance Agency. DISCUSSION: Initially it should be noted that you are a public employee within the coverage of the Ethics Act. Accordingly, Section 3(e) would be applicable to you if you were a former employee.. As you note the Commission has decided in Opinion No. 79 -045 that an attorney who pre- viously worked for the Law Bureau of the Pennsylvania Public Utitily Commission could serve as an attorney on the legal staff of the office of the Consumer Advocate and represent the interests of the Consumer Advocate before the Pennsyl- vania Public Utility Commission within one year of leaving the PUC without violating Section 3(e) of the Ethics Act. The reasoning of this opinion is clear. Specifically, a public employee who has transferred from one agency of State Government or branch of State Government to another Common- wealth Agency continues to be a public official. Therefore, Robert H. Jones September 12, 1980 Page 2 by definition the persons identified in opinion 79 -045 would not be considered "former public employees" to whom the prohibitions of Section 3(e) of the Ethics Act would apply. Your situation is similar, if not identical, in context to this opinion. As a member of the Law Bureau of the Pennsylvania Housing Finance Agency you are still considered a "public employee" and are not a "former public employee" as that term should be used in Section 3(e) of the Ethics Act. CONCLUSION: accordingly, Section 3(0) of the Ethics Act does not prohibit you from appearing before the Pennsylvania Human Relations Commission on behalf of the Pennsylvania Housing Finance Agency. 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 avail- able as such. Finally, if you disagree with this advice or if you have any reason to challenge same, you may request that the full Commission review this advice. A personal appearance before the Commission may be scheduled and a formal opinion from the Commission will be issued. You should make such a request or indicate your disapproval of this advice within the next 30 days. SSC /rdp Sincerely, Sandra S. Christianson General Counsel