HomeMy WebLinkAbout80-740 BegleySTATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
December 23, 1980
ADVICE OF COUNSEL
William J. Begley, Esquire
Rodgers, Perfilio, Heiman & Sewinsky, P.C.
81 East State Street
Sharon, PA 16146
1980.
Advice No. 80
740
RE: Section 3(e), Representation, Prohibitions
Dear Attorney Begley:
This responds to your communication of November 21,
Issue: In your communication you requested an opinion as to
the extent of any prohibitions that may be applicable to
yourself or other members of your law firm as set forth in
Section 3(e) of the Ethics Act. Specifically, you ask
whether you and /or a member of your firm may represent an
individual before the Mercer County Registration Commission
and the Mercer County Board of Elections or whether you or
members of your firm may prosecute cases in which these
entities are defendants in forums such as the Courts of
Common Pleas.
Facts: You indicated that from December of 1974 until mid -
August-of 1980 you served as an Assistant County Solicitor
for Mercer County. You were appointed as Assistant Solicitor
in your individual capacity, even though at the time, you
were employed by the predecessor of the firm with which you
are presently associated. Your duties as Assistant County
Solicitor included representing the County Registration
Board and the County Election Commission. At present it is
contemplated that your firm may be called upon to represent
an individual in an election contest which may be brought
before the Mercer County Board of Elections or the Regi-
stration Board. This litigation may result in an action
being brought in the Courts of Common Pleas, including
perhaps the Mercer County Court of Common Pleas.
William J. Begley, Esquire
December 23, 1980
Page 2
Discussion: You ask, specifically, whether other members of
your law firm (a professional corporation) may represent a
person before the Mercer County Registration Commission
and /or the Mercer County Board of Elections. The Commission
has previously determined that even if an individual member
of airm such as yourself, as a former public emplJyee
(,.ssistant County Solicitor) may be .precluded from represen-
ting a person before the governmental'bodies with which he
had been associated, this prohibition does not extend to
otter members of that individual's firm. See Beaser, 79-
060, and Russell, 80 -048.
Thus, prohibitions that may be applied to you under
Section 3(e) of the Ethics Act in relation to those govern-
mental bodies with which you were associated as Assistant
County Solicitor do not extend to members of your present
law firm.
In addition, you ask whether members of the law firm,
including yourself, may represent a person in forums such as
the Courts of Common Pleas where the defendants might be
Mercer County and /or its Registration Commission or Board of
Elections cr the opponent of the individual subject to the
election challenge. Again, I believe that the Opinion
rendered by the Commission in the Russell case answers this
question.
Specifically, in Russell the Commission decided that
ycu may not participate i any manner in any case over which
you had supervision, direct involvement or responsibility
while employed by Mercer County but that you may appear in
third forums, such as State or Federal Courts, even where
your former governmental body is a defendant. However,
under the Ethics Act, except for this limited prohibition
against appearing in particular cases in such third forums,
neither you nor any member of your firm are prohibited from
such representation.
Conclusion Any prohibitions contained in Section 3(e), of
the Ethics Act would be applicable only to you in relation
to your former "governmental body." Such prohibitions would
not extend to members of your law firm.
William J. Begley, Esquire
December 23, 1980
Page 3
In addition, except in cases over which you had direct
involvement, responsibility or supervision while employed as
an Assistant County Solicitor you could represent individuals
on cases in various forums, such as State or Federal Courts,
even if your former governmental body or its component parts
(such as the Registration Commission or the Board of Elections)
are included as parties.
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
Sincerely,
ndra S. hr'istianson
General Cou. el