HomeMy WebLinkAbout80-741 KuryFranklin L. Kury, Esquire
800 N. Fourth Street
Sunbury, PA 17801
Dear Mr. Kury:
1980.
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
December 23, 1980
ADVICE OF COUNSEL
RE: Section 3(e) - Restrictions, Representation
Advice No. 805 -7T1
741
This responds to your communication of November 26,
Issue: In your communication you requested Advice from the
Ethics Commission, as to the impact of the Ethics Act upon a
former member of the Senate of the Commonwealth of Pennsylvania.
Facts: You indicated that you are a former member of the
Senate of the Commonwealth of Pennsylvania whose term of
office expired on November 30, 1980. In addition, you
indicated that you intend to resume the practice of law on a
full -time basis. This practice may or may not include
contact with State agencies, either as a lawyer or a lobbyist.
Discussion: The Ethics Commission has had occasion to
address a similar question as to the impact of the Ethics
Act, Section 3(e), 65 P.S. 403(e) in relation to former
members of the House of Representatives of the Commonwealth
of Pennsylvania. See Seltzer, 80 -044; Goebel, 80 -045; and
Geesey, 80 -046. See also composite Opinion 80 -057. In
these Opinions the Commission first indicated that the term
representation as contained in Section 3(e) of the Ethics
Act prohibited a former employee of the Commonwealth or
public official from:
1. personal appearance before the governmental body
with which that official had been associated,
including negotiation of contracts.
2. attempting to influence the governmental body.
3. representing any views of a person or other group
formally or informally. This prohibition includes
the concept of what is generally referred to as
"lobbying."
Franklin L. Kury, Esquire
December 23, 1980
Page 2
A former official, such as yourself, is prohibited from
this type of representation listed above before the govern-
mental body with which you were associated. The Commission
has determined in the above - referenced Opinions that the
scope of the term "governmental body" in relation to members
of Legislature should be as follows:
1. The specific body with which that person had been
associated or to which he had been elected, in
your case the Senate of the Commonwealth of
Pennsylvania, its committees and component parts;
2. Any governmental body with which you were associated
by virtue of the fact that you were chairman of a
standing committee of the Senate. This would mean
that, for example, if you were chairman of the
Labor Relations Committee in the Senate you would
be precluded from representing any person before
the governmental department most closely associated
with that committee, that is the Pennsylvania
Labor Relations Board and the Department of Labor
and Industry.
3. Any governmental body on which you served as an ex
officio member. This also includes any non -
legislative board, commission, authority, etc., to
which you may have been appointed as a minority or
majority representative by virtue of the fact that
you were an elected Senator of the Commonwealth of
Pennsylvania.
You should be alert to the fact that the Commission has
ruled that general information inquries made to the govern-
mental bodies with which you may have been associated are
not prohibited. Likewise, generally, appearing in a third
forum, such as State or Federal Court is not prohibited.
Finally, expressing your own opinion and views on your own
behalf is not prohibited. This latter activity should be
distinguished from the representation of the views or
interests of another which would fall into the "lobbying"
category discussed above.
Franklin L. Kury, Esquire
December 23, 1980
Page 3
Since your letter does not clearly indicate whether you
served as chairman of any of the standing committees of the
Senate or whether you were appointed as an ex officio or a
minority or majority member of any particular non - legislative
board, commission, authority, etc., we cannot identify with
specificity those "governmental bodies" with whom you might
have been associated and to whom the prohibitions of Section
3(e) of the Ethics Act would apply. However, these general
indications should provide you with sufficient information
to arrive at those determinations based on your personal
information as to which entitites you served on and, there-
fore, were "associated with." If further Advice as to
specific entities is needed, this may be provided by separate
response if you supply such information.
Finally, Section 4(a) of the Ethics Act requires that
you file a Statement of Financial Interest for the year 1980
no later than May 1, 1981. You will recall that Section
4(a) of the Ethics Act requires that any former public
official file a Statement of Financial Interest for each
year that he holds office and for the year after he leaves
public office.
Conclusion: Your conduct in relation to your activities as
a lawyer or lobbyist should be guided by this Advice and
should conform to same. In addition, you should file a
Statement of Financial Interest no later than May 1, 1981.
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,
andra S. stianson
General Cou sel