HomeMy WebLinkAbout79-045 CohenFACTS:
DISCUSSION:
STATE ETHICS COMMISSION
HARRi98URG, PA,
September 5, 1979
OPINION OF THE COMMISSION
Walter W. Cohen, Esquire
Office of the Consumer Advocate
Fourteenth Floor, Strawberry Square
Harrisburg, Pennsylvania 17127
Re: Can an attorney presently a member of the taw Bureau
of the Pennsylvania Public Utility Cbmmission become
an attorney on the legal staff of the Office of the
Consumer Advocate?
On Cbly 31, 1979 you requested an Opinion from the Com-
mission concerning the application of Section 3(e) of the
State Ethics Act.
79 -045
The Office of the Consumer Advocate is presently inter- -
viewing attorneys for positions on their legal staff. Among
the candidates being considered are several attorneys who are
now members of the Law Bureau of the Pennsylvania Public Utility
Commission.
Attorneys in the Office of the Consumer Advocate would
not be able to accept any non - governmental employment; the
prohibition cannot apply. Section 902 -A(c) of Act 161 of 1976.
Section 3(e) of the Act states, "no former official or
public employee shall represent a person with or without com-
pensation, on any matter before the governmental body with
which he has been associated for one (1) year after he leaves
that body ". The question before the Commission is whether
former employee as used in Section 3(e) of the Act means a
former Commonwealth employee, or would it include employees
who transfer from one Commonwealth agency to another.
A public official or public employee who transferred from
one agency in state government to another Commonwealth agency
would still be a public official or employee.
Walter W. Cohen, Esquire Page Two
CONCLUSION:
The Office of Consumer Advocate may hire a Pennsylvania
Public Utility Commission attorney, and have that attorney
represent consumer interest on behalf of the Office of the
Consumer Advocate in proceedings before the Public Utility.
Commission in so far as the State Ethics Act applies.
Pursuant to Section 7(9)(ii), this opinion 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 by law and will be made
available as such.
Paul J Smith
Chairman