HomeMy WebLinkAbout86-608A BaskinAlan I. Raskin, Esquire
Liquor Control Roard
221 North 5th Street
.Reading, PA 19601
Dear Mr. Raskin:
Mailing Address:
STATE ETHICS COMMISSION
P.O. BOX 11470
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
Decemher Q, 19R6
SUPPLEMENTAL ADVICE OF COUNSEL
Re: Financial Interests Disclosure Statement
R5 -608 -A
On Septemher 30, 1986, an Advice of Counsel was issued to you regarding
the issue of whether you were required to file a Statement of Financial
Interests in accordance with the State Ethics Act. Pursuant to that Advice of
Counsel, reference was made to a recent Commonwealth Court decision, which had
exempted attorneys from the filing requirements of the State Ethics Act. A
copy of that decision was attached to the Advice of Counsel for reference.
Pursuant to that Advice of Counsel, you were also advised that no filing would
he required at this time and that the matter was being appealed to the Supreme
Court of Pennsylvania.
Siahsequent to the issuance of the Advice of Counsel, to you, the
Pennsylvania State Ethics Commission issued a ruling of a similar nature
indicating that regardless of the Commonwealth Court decision in Maunus and
Thau v. State Ethics Commission, 277 C.D. 1985, the filing requirement will
still he imposed in light of the fact that the Commission has filed a Petition
for Allowance of Appeal in the Supreme Court of Pennsylvania. The Commission
determined, in Skelly, R6- 006 -R, that the filing of that petition acted as an
automatic supersedeas of the lower court's order and, as such, the current
status of the filing requirement remains legally unchanged. A copy of the
opinion in Skelly is attached for reference. Rased upon the Commission's
decision in that matter, you are advised that the prior Advice of Counsel is
herehy revoked and pursuant to the Commission's opinion in Skelly, you are
required to file a Statement of Financial Interests in accordance with the
provisions of the State Ethics Act. That filing should he made with this
Commission within thirty days of the date of this advice.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Alan I. Raskin, Esquire
fecemher 9, 198
Page 2
Conclusion: Pursuant to the State Ethics Commission's recent ruling in
Skelly, R6- 006 -R, you are required to file a Statement of Financial Interests
in accordance with the provisions of the State Ethics Act. Said filing is to
he made, with this Commission, within thirty days of the date of this advice.
Pursuant to Section 7(4)(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 he made availahle 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 he scheduled and a formal
Opinion from the Commission will he issued. Any such appeal must he made, in
writing, to the Commission within 15 days of service of this Advice pursuant
to 51 Pa. Code 2.12.
Attachment
Sincer
ohn
Gen-•. Counsel