HomeMy WebLinkAbout80-718 McNellyJeff A. McNelly
Apt. 4, RD #2
Etters, PA 17319
Dear Mr. McNelly:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
Octcber16, 1980
ADVICE OF COUNSEL
80 -718
On August 12, 1980 you wrote asking the Commission for
an opinion on the restrictions which Act 170 might place
upon you if you leave public employment.
Issue: The principal issue is whether your responsibilities
and duties are encompassed by the definition of "public
employee" in Act 170.
Facts: You are a research analyst for the Professional
Licensure Committee in the House of Representatives and are
responsible for researching bills and amendments and writing
summaries and analysis for republican members of that
committee. You also act as a source of information for any
questions on committee bills. By phone on September 22, you
told Edward M. Seladones, the Commission's Executive Director,
that you did not make recommendations or take final action.
On March 19, 1980, the Chief Counsel of the Commission
advised Counsel for the Majority and Minority leaders of the
House that research analysts were covered by the State
Ethics Act if they made recommendations.
Conclusion: Based on this information, you are not a
"public employee" as that term is used in Act 170 and would
not be prohibited from representing anyone before the House
of Representatives, Senate of Pennsylvania, or any of their
Committees.
Jeff A. McNelly
October 6, 1980
Page 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.
This letter is a public record and will be made
available 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
Si; cerely,
Sandra S. Chi stianson
General Counsel