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HomeMy WebLinkAbout79-025 SchwartzDear Mr. Schwartz: STATE ETHICS COMMISSION HARRISBURG, PA. July 9, 1979 Jeffrey B. Schwartz, Esquire c/o W. Thomas Berriman Suite 700, Valley Forge Plaza King of Prussia, Pennsylvania 19406 79 -025 In your letter of March 13, 1979, and subsequent communications, you requested the State Ethics Commission to furnish you an opinion pursuant to Section 7(9)(ii) of Act 170 of 178 as to the application of Section 3(e) of the Act relative to your duties under the Act as former Chief Counsel of the Pennsylvania Department of Health. In your telephone communication of May 23, 1979, you explained that you have resigned your position with the Health Depart- ment on April 24, 1979, and that you are presently in the private practice of law with W. Thomas Berriman, Esquire, King of Prussia, Pennsylvania. It is the Commission's opinion that as a former chief counsel of the Department of Health you were a "public official" as that term is used in Act 170. Section 3(e) of the Act prohibits a former official from representing any person, broadly defined in the Act to include individuals, businesses, corporations, associations, or other organizations or groups of persons" on "any matter before the governmental body with which he has been associated for one year after he leaves that body ". It is the Commission's opinion that as a former "public official" you are prohibited by Section 3(e) of the Act from representing any persons on any matter, with or without compensation, before the Pennsylvania Department of Health for a period of one year commencing on the date you resigned your position as chief counsel. It is the Commission's further opinion that the pro- hibition contained in Section 3(e) includes representing any person before a court or administrative body in any matter in- volving the Department of Health. While it is the Commission's opinion that the prohibition contained in Section 3(e) of the Act does not extend to those with whom you are associated in the practice of law, you are prohibited for one year from (1) advis- • Jeffrey B. Schwartz, Esquire July 9, 1979 Page Two ing or assisting members of your firm or others who represent persons before the Department of Health, and (2) advising or assisting members of your firm or others in matters involving the Department of Health. This letter is a public record by law and will be made available as such. State Ethics Commission 308 Finance Building Harrisburg, PA 17120 (717) 783 -1610 Sincerely, Paul Smith Chairman UPDATE: A Commonwealth Court ruling (434 A.2d 1327) on similiar factual circumstances should be reviewed. Former Commonwealth employees or officials who are attorneys may practice law before the governmental body with which he /she has been associated regardless of the Section 3(e) (one year) prohibition. The court ruling did not specificially address this particular opinion, but the factual circumstances may be applied to it. This Common- wealth Court opinion was affirmed, without further opinion by the Pennsylvania Supreme Court.