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Home My WebLink About80-730 ChessSTATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 October 28, 1980 ADVICE OF COUNSEL Honorable Richard B. Chess 80 -730 Representative Commonwealth of Pennsylvania House P.O. Box 118 Harrisburg, PA 17120 RE: Section 3(e) - Restrictions, Representation Dear Representative Chess: This responds to your communication of September 17, 1980. Issue: You request an opinion as to the affect of the Ethics Act upon yourself as a former member of the House of Representatives and the restrictions placed upon your personal and professional activities under the Ethics Act. Facts: You indicate in your letter that the current legislative session ends on November 30, 1980 and you would not be returning to the legislature thereafter. As a member of the House of Representatives, the Commission takes notice of the fact that technically, your term of office is set by Article II, Section 2 of the Constitution. This term begins on December of the year of your election and runs for two years. In your letter you indicate that while in the State House you served on the Agriculture, Consumer Affairs, and Veterans Affairs Committees. You also served as a member of the Public Utility Subcommittee of the Consumer Affairs Committee. Following your governmental service it is your intention to serve in one of three capacitites: (1) with a corporation in governmental relations, (2) a law firm where you would be doing some governmental rela- tions work, or (3) in the law department of a financial institution. You also indicate that you intend to do some part -time teaching at the college level and to do political commentary work with the local news media. Honorable Richard B. Chess October 28, 1980 Page 2 Discussion: In prior Opinions the State Ethics Commis- sion has indicated to some degree the nature of the restrictions that would be placed on former Representa- tives of the House such as yourself, after they leave governmental service. See Seltzer, 80 -044; Goebel, 80 -045; and Geesey, 80 -046. From these opinions a synopsis of the Commission rulings can be derived. Specifically, the basic question presented is the extent of the "governmental body" with which you had been associated. This is important, because Section 3(e) of the Ethics Act precludes you from representing any person with or without compensation on any matter before the "governmental body" with which you had been "associated" for a period of one year after you leave that body. In the decisions cited above, the Commis- sion concluded that where the Representative has not held any chairmanship of any standing committee in the House his "governmental body" would simply be the House of Representatives, its committtees and component parts. The extent of the prohibition in Section 3(e) of the Ethics Act as to you would extend only to the House, its committees and component parts if, as you had indicated, you have not held any chairmanship of any standing committee in the House. The Commission has decided that mere membership on a standing commit- tee does not preclude that member, for example, from appearing before the department which may be most closely associated with that committee. See Goebel and compare Geesey. Given the facts that you have indicated, the "governmental body" with which you had been associated would be the House of Representatives, its committees and component parts. In relation to these entities, the scope of "representation" prohibited for the one -year period has also been discussed by the Commis- sion. Generally, the Commission has held that: (1) personal appearance before these governmental bodies is prohibited for the one -year period, this includes negotiation of contracts, for example. .See Seltzer and Morris, 80 -039. (2) attempts to influence these govern- mental bodies are prohibited; (3) general informational inquiries to these governmental bodies are not prohi- bited; (4) generally utilizing your knowledge and expertise gained as a public official is not barred except as set forth above; (5) appearing in a third form, such as state or federal court is not prohibited; (6) expressing your own opinons and views on your own behalf is not prohibited. See Lloyd, 80 -040. Expres- sions of one's own views, however, must be distin- guished from representing the views and interest of others whether formally or informally. Such action, which would include the generally recognized concept of Honorable Richard B. Chess October 28, 1980 Page 3 "lobbying" is prohibited for the one -year period as to the governmental bodies with which you had been associated. In its decisions rendered to the Representatives cited above (Seltzer, Geesey and Goebel) the Commission specifically did not address through their Opinions the question of whether appointment as a majority or minority member to a seat on a board, commission, authority, etc., other than the committee of the House imposes any restrictions as to that member vis-a-vis that board, commission, authority, etc. This question was reserved for decision. You did not raise the possibility that you had been appointed to such a board, commission, authority, etc. However, if you have served on such a board, commission, authority, etc., you are advised to provide this information to the Ethics Commission so that we may render a determination on this point to you, if applicable. Finally, there is one other requirement imposed on a "former public official" by the Ethics Act. Specifi- cally, Section 4(a) of the Ethics Act requires you to file a Statement of Financial Interest for the year 1980, no later than May 1 of 1981. Conclusion: As a former public official you must comply with the financial reporting requirements of Section 4(a) listed above. This requires you to file a Statement of Financial Interests for the year you hold office and for the year after you leave office as discussed above. As a former public official you may not engage in the activities identified in items 1 (personal appearance, negotiating), 2 (attemtps to influence) and 6 (lobbying) identified above. This prohibition lasts for one year and begins, in general, on December 1, 1980. This prohibition extends to the governmental bodies with which you were "associated" given the facts that you have presented. The "governmental body" with which you had been associated is the House of Representatives, its committees and component parts. You are not pre- cluded from "representing" any person before a "govern- mental body" other than those identified above. 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. Honorable Richard B. Chess October 28, 1980 Page 4 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 Sincerely, ndra S. C ►ristianson General Counsel