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HomeMy WebLinkAbout81-626 FinkOctober 1, 1981 Richard R. Fink, Esquire Lower Bucks Realty Building 8021 Route 13 P.O. Box-123 Levittown, Pennsylvania 19059 Mailing Address' STATE ETHICS COMMISSION P.O. BOX 1179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 ADVICE OF COUNSEL RE: Representation, Restrictions Dear Mr. Fink: State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania 81 -626 This responds to your letter of August 27, 1981 in which you requested advice from the State Ethics Commis- sion. Issue: You request advice as to whether you would be con- sidered a "former public employee" subject to the prohibi- tions contained in Section 3(e) of the Ethics Act. Facts: You are an attorney who has on two recent occasions acted as "special counsel" for the Township of Falls, Bucks County, Pennsylvania. You were hired by the Township for the specific purpose of prosecuting police officers who had been subject to suspension and who requested public hearings as a result of that suspension. You were hired because the solicitor for the Township of Falls could not advise the supervisors in relation to these prosecutions or hearings at the same time that he would be prosecuting these matters. You say that you would like to represent claimants before the Falls Township Board of Supervisors within one year after your prosecution as "special counsel ". Discussion: The Ethics Act does present prohibitions upon that class of individuals who can be identified as "former public employees ". These prohibitions are contained in Section 3 (e) of the Ethics Act and require that no former public official or public employee shall represent Richard R. Fink, Esquire October 1, 1981 Page 2 a person before the governmental body with which he has been associated for a one -year period after he leaves that body. In your case, however the primary question is whether or not you can be considered a "public employee" so that you might be considered a "former" public employee upon the termi- nation of your service as "special counsel" to the Township of Falls as described above. The regulations promulgated by the Commission addresses this type of situation. Specifically, 51 Pa. Code 5.8 (h) provides that an attorney who is temporarily associated with a governmental body for a few days a year is not a public official or public employee under the Act. In addition these regulations further provide as follows: (i) a law firm specially appointed as bond counsel or labor counsel is not a public official or public employee under this Act... 51 Pa. Code 5.8(i) Given these regulations and given the factual circum- stances in which you served as "special counsel" for the Township of Falls relating to these labor - management matters, we conclude that you were not to be considered a "public employee" because of this association. Accordingly, upon your termination of service as "special counsel ", you would not be considered a "former public employee" subject to the prohibitions against representation contained in Section 3(e) of the Ethics Act. Conclusion: The relationship which you outlined you had with the Township of Falls as "special counsel" on these labor- management relations matters does not bring you within the coverage of the classification "public employee ". Consequently, you are not a "former public employee ". You are not subject to the prohibitions against representation for a one -year period contained in Section 3(e) of the Ethics Act. 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. Richard R. Fink, Esquire October 1, 1981 Page 3 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 /Ima Sincerely, 4whi Sandra S. ►ristianson General Counsel