HomeMy WebLinkAbout81-620 BucciJames M. Bucci, Esquire
538 Elm Street
Reading,,. PA 19601
Mailing Address:
STATE ETHICS COMMISSION
P.O. BOX 1179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
September 14, 1981
ADVICE OF COUNSEL
RE: Section 3, Part -time District Attorney
Dear Mr. Bucci:
81 -620
This responds to your letter of August 24, 1981 in
which you, a part -time Assistant District Attorney in Berks
County, requested an opinion from the Ethics Commission.
Issue: You asked for advice as to whether you, a part -time
Assistant District Attorney, may represent a former county
employee in proceedings before the Unemeployment Compensa-
tion Board.
Facts: In January. of 1980 you were hired by the Berks
County District Attorney to serve as a part -time assistant.
The District Attorney employed you upon the understanding
that you may engage in the practice of law except the
representation of criminal defendants. In the course of
your private practice you were retained by a former Berks
County employee to represent him before the Pennsylvania
Unemployment Compensation Board. The County Controller
objected to the representation of the former county employee
on the ground that you are also a county employee.
Discussion: Under the Ethics Act, 65 P.S. §401 et seq., a
public offical or employee may do business with the general
public. There is no inherent conflict of interest in a
part -time District Attorney representing a former county
employee before the Unemployment Compensation Board even
though the part -time District Attorney receives compensation
from the County as an Assistant District Attorney. The
Ethics Act does impose some restrictions on the conduct of
public officials and employees.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
James M. Bucci, Esquire
September 14, 1981
Page 2
Section 3(a) of the Act provides that no public
official or employee may use his position of confidential
information received through public service to obtain
financial gain for himself. 65 P.S. §403(a). You may
represent private clients in actions such as this
unemployment action so long as you did not obtain the
retainer because of your post as an Assistant District
Attorney or use confidential information received as an
Assistant District Attorney to obtain financial gain.
Futher, no one may offer anything of value, including a
promise of future employment, to you based on any under-
standing that your official actions as Assistant District
Attorney would be influenced thereby. 65 P.S. §403(b). You
may not accept private employment (legal retainer) based on
any understanding that your actions as an Assistant District
Attorney would be affected thereby.
Finally, we note that the jurisdiction of the Ethics
Commission is strictly limited by the Act itself. The
Commission's opinions do not, therefore, address any questions
which the situation you describe may present in relation to
any countyimposed rules or to the Disciplinary Rules promul-
gated by the Pennsylvania Supreme Court.
Conclusion: As a part -time Assistant District Attorney you
may represent a former county employee before the Unemploy-
ment Compensation Board. You may not use your position or
confidential information received as an Assistant District
Attorney to obtain private clients. You may not accept
private employment based on any understanding that your
action or conduct as an Assistant District Attorney would be
influenced thereby.
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,
14del ,
dra S. IA
General C'.0 sel
anson