HomeMy WebLinkAbout81-530 BrattonBruce F. Bratton, Esq.
Connelly, Martsolf & Reid
110 -112 Walnut Street
P.O. Box 963
Harrisburg, PA 17108
RE: Lobbyists
Dear Mr. Bratton:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
March 26, 1981
ADVICE OF COUNSEL
81 -530
This responds to your letter of February 16, 1981 in which
you request an opinion from the Ethics Commission.
Issue: You request advice as to whether the Ethics Act prohi-
bits you from acting as a lobbyist while one of your law
partners is minority counsel to a House Committee.
Facts: You informed us that John J. Connelly Jr., a partner
in your law firm is presently minority counsel to the House of
Sate Government Committee. You and several of your collegues
have been approached by various groups to act as lobbyists.
Legislation of interest to the groups seeking lobbyists does
not appear to be referred to the State Government Committee but
there is no guarantee that such legislation may not be referred
to the Committee.
Discussion: The Commonwealth Court decision in Ballou v.
State Ethics Commission, Pa. Commonwealth Ct. , 424
A.2d 983 (No. 1013 C.D. 1980) holds that attorneys serving as
attorneys and deemed to be public officials and employees are
not required to file statements of financial interest. Yet
that opinion only addressed to the financial interest statement
requirement, 65 P.S. §405, and should not be read to exempt
attorneys serving as public officials and employees from the
other provisions of the Act, 65 P.S. §401 et seq.
The Ethics Act does not, in any event, prohibit an attorney
from acting as a lobbyist while a partner in the same law firm
is serving as counsel to a legislative committee. The facts
set forth in your letter do not create a per se conflict of
interest proscribed by the Act.
March 2b, 1951
Page 3
The former Chief Clerk may:
(1) Make inquiries of the House for information generally
available to the public; and
(2) appear in a third forum, such as a state court or the
federal legislature; and
(3) express his views on his own behalf to the House; and
(4) utilize knowledge and expertise gained in public
office, subject to the limitations discussed above.
The former Chief Clerk must file a Statement of Financial
Interests for the year after leaving office.
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.
SW /rdp
Sincer
Sandra S. Ch stianson
General Cou.sel