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HomeMy WebLinkAbout81-529 MebusDear Mr. Mebus: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 March 26, 1981 ADVICE OF COUNSEL Mr. Charles F. Mebus Room 129 Main Capitol Building Harrisburg, PA 17120 RE: Chief Clerk, House of Representatives, Lobbying 81-529 • This responds to your letter of December 9, 1980, in which you, as Chief Clerk of the House of Representatives, requested an opinion from the Ethics Commission. Issue: In your letter you request advice as to whether the Ethics Act prohibits a former Chief Clerk of the House from lobbying in the House of Representatives. Facts: You informed us that your term as the Chief Clerk of the House of Representatives ended on January 6, 1981. As Chief Clerk you were essentially the business manager of the House, responsible for seeing that the business of the House was carried out promptly, effectively and economically. Because of the expiration of your term you are seeking new employment and wish to become a lobbyist in the House. Discussion: The Chief Clerk of the House of Representatives is selected by the Bi- partisan Management Committee subject to confirmation and removal solely upon the affirmative vote of two - thirds of the House. 46 P.S. §42.121f.. The duties of the Clerk set forth in 46 P.S. §42.121g, make the Clerk responsible for the day to day functions of the House. The Ethics Act, 65 P.S. §401 et seq., defines "public official" as "Any elected or appointed official in the Executive, Legislative or Judicial Branch of the State...." Id, §402 (emphasis supplied). Because you were appointed to a position in the legislative branch by the Bi- partisan Management Committee and confirmed by the House, you were a public official subject to the Ethics Act. As a former public official you must abide by the restric- tions of Section 3(e) of the Act, 65 P.S. §403(e), which provides as follows: Mr. Charles F. Mebus March 26, 1981 Page 2 "No former official... shall represent a person, with or without compensation, on any matter before the governmental body with which he has been associated for one year after he leaves that body." As Chief Clerk of the House of Representatives you are clearly precluded from representing any person before the House since you were directly employed by and therefore associated with the House. See Seltzer, 80 -044. The scope of the term "representation" must be addressed. Representation has been held to include personal appearance before the governmental body, Morris, 80 -039 and attempts to influence the governmental body, Cutt, 79 -023 and Covill- Ringer, 79 -041. Further, the Commission has held that representing the views and /or interests of any other person formally or informally that is, lobbying - is prohibited for one year after leaving office. Seltzer 80 -044. You may not lobby in the House for one year atter January 6, 1981. The prohibition against lobbying in the House does not prevent you from undertaking such activities in the Senate or other governmental bodies or from making general informational inquiries similar to those made by the general public. Morris, 80 -039; Peffer, 79 -041. You may utilize the knowledge and expertise gained in public office subject to the restrictions noted above. Morris, 80 -039. You may appear in another forum, in state or federal court, or the federal legislature. You may express your own opinions and views to the House. Lloyd, 80 -040. We also note that as a former public official you are required by 65 P.S. §404(a) to file a Statement of Financial Interests for the year after you left public office. Conclusion: The appointed Chief Clerk of the House of Representatives is a public official governed by the Ethics Act. The governmental body with which the Clerk is associated is the House of Representatives. The former Clerk may not represent any person before the House for one year after the Clerk leaves office. Representation includes: (1) Personal appearance before the House; and (2) attempts to influence the House; and (3) lobbying, or advocacy of the views and /or interests of any other person before the House. Thus, the former Chief Clerk of the House may not act as a lobbyist in the House for one year after leaving the office of Clerk.