HomeMy WebLinkAbout87-507A SamuelRalph David Samuel, Esquire
Suite 920
1500 Walnut Street
Philadelphia, PA 19102
Re: Advice of Counsel No. 87 -507
Dear Mr. Samuel:
JJC /rda
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PA 17120
TELEPHONE: (717) 783 -1610
February 17, 1987
SUPPLEMENTAL ADVICE OF COUNSEL
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ohn J. ino
Act'•. General Counsel
87 -507A
This responds to your letter of January 22, 1987, wherein you indicate
that certain additional facts should be considered in relation to Advice of
Counsel No. 87 -507, which was issued on January 16, 1987.
Pursuant to that Advice of Counsel you had requested information as to
whether your law firm could enter into a representation agreement with the
Office of the City Solicitor in Philadelphia, Pennsylvania. You had further
advised that your spouse was an employee of the Philadelphia Water Department.
You advise that your spouse was in charge of the Human Resources Division of
that Department. As part of that advice, the State. Ethics Commission had
assumed that the Water Department would have no input or duties in relation to
your selection by the Office of City Solicitor. Your current letter indicates
that the City Solicitor did in fact consult with the water commissioner
concerning his selection of the attorneys to represent the city in this
matter. You advise that the city solicitor indicated that the candidates were.
discussed with the water commissioner although the final selection was left to
the solicitor. You have requested additional advice as to whether this
consultation between the water commissioner and the city solicitor would
affect the previously issued advice.
Upon a review of these facts, it is our conclusion that the prior advice
would remain unchanged. Specifically, the contract between your law firm and
the City of Philadelphia would not be one between a department which employs
your spouse. Specifically, you would still be contracting with the office of
City Solicitor and as such, the requirements of the prior advice would still
be applicable. I do point out, however, that as noted in that prior advice,
your wife must not participate in any matter relating to your employment by
the city or any matter related to your representation of the city. This
letter will be incorporated as part of the original advice and, as such, will
also be available as a public document.