HomeMy WebLinkAbout82-574 CaputoCharles N. Caputo, Esquire
505 -507 Second Avenue
Pittsburgh, PA 15219
Mailing Address:
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
September 21, 1982
ADVICE OF COUNSEL
RE: Legal Services, Additional Employment
Dear Mr. Caputo:
82 - 574
This responds to your letter of August 31, 1982, in which you requested
advice from the State Ethics Commission.
Issue: You questioned whether there is any restriction upon you under the
Ethics Act or prohibition against serving as a private attorney.
Facts: Your are currently employed as an Executive Director for the State
Government Committee, House of Representatives Minority Staff. Your
employment is based on a contract which you presently hold with the Minority
Chairman as approved by the Minority Leadership. In addition, you are an
attorney admitted to practice law in the Commonwealth of Pennsylvania. You do
not, however, serve the Committee as legal counsel as they have legal counsel
provided by another individual.
You are contemplating accepting as a client in the private practice of
law a newly formed political action committee. This political action
committee seeks to retain you to advise them on the duties, requirements, and
general programming that they should follow in dealing with the legislature
and other elected officials throughout the state and within the United States.
In the capacity as attorney for this political action committee, you would not
be actually representing the committee in the capacity of a lobbyist, for
example, but would be merely serving them as private legal counsel.
Discussion: As the Executive Director of the State Government Committee you
should be considered a "public employee" within the purview of the definition
as set forth in Section 2 of the Ethics Act. See 65 P.S. 402. As such, your
conduct must present neither a conflict nor the appearance of a conflict with
the public trust. The Commission has concluded that a conflict would exist if
the interests which you are serving in your capacity as outlined above --
Executive Director for the State Government Committee and private attorney for
the political action committee -- would be adverse to one another. See
Alfano, 80 -007. In similar situations, other past rulings of the Commission
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Charles N. Caputo, Esquire
September 21, 1982
Page 2
have determined that the mere existence of such a relationship would not be
per se prohibited by the Ethics Act. As such, given the fact that you would
not actually be representing this new client before the State Government
Committee, in particular, or engaging in lobbying activities on behalf of this
new client and would be merely providing legal advice to them as a private
client, there would be no prohibition against this undertaking under the
Ethics Act.
Conclusion: The Ethics Act does not prchibit you from being engaged as
private counsel to the political action committee as outlined above.
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 will be scheduled and a formal
Opinion from the Commission will be issued. Any such appeal must be made, in
writing, to the Commission within 15 days of service of this Advice pursuant
to 51 Pa. Code 2.12.
SSC /rdp
cc: Sen. Edward Zemprelli
Sen. Robert Jubelirer
Rep. Samuel Hayes
Rep. Leroy Irvis
Sincerely, 1
Sar`ctro. � Ckr - vs•
Sandra S. Christianson /04 i? v
General Counsel