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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