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HomeMy WebLinkAbout79-055 WidoffTO% RE: FACTS: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 OPINION October 17, 1979 79 - 055 Mark P. Widoff, Esquire Larry B. Selkowitz, Esquire Widoff, Raeger, Selkowitz & Adler 3552 Old Gettysburg Road Camp Hill, PA 17011 (1) Parameters of the Restriction of Section 3(e) "Governmental body with which he has been associated," as applied to the Consumer's Advocate Office. (2) Parameters of involvement of former officials of the Consumer Advocate's Office in litigation against the Public Utility Commission. On July 23, 1979, you wrote to us advising that you, Mark P. Widoff and Larry B. Selkowitz, were- formerly the Consumer Advocate and Assistant Consumer Advocate of the Commonwealth, respectively. In those roles, you represented consumers in public utility matters before the Public Utility Commission and federal regulatory agencies in the Courts. The Consumer Advocate Office is an independent office within the Justice Department, but not under control of the Justice Department. The Consumer Advocate is appointed by the Governor and confirmed by the Senate. The Assistant Consumer Advocate and professional staff are appointed by the Consumer Advocate with the approval of the Attorney General. The Consumer Advocate may exercise considerable discretion in determining the interest of consumers, such discretion not being subject to review by the Attorney General's Office. There appears sufficient evidence that during the tenure of Mark P. Widoff and Larry B. Selkowitz, that they themselves exercised judgment independent of the Attorney General's Office. Mark P. Widoff & Larry B. Selkowitz October 17, 1979 page 2 of 3 DISCUSSION: It is the opinion of the Commission that as the Consumer Advocate and Assistant Consumer Advocate, Mark P. Widoff and Larry B. Selkowitz were "public officials" as that term is used in Act 170. Section 3(c) of the Act prohibits a former official from representing any person, broadly defined in the Act to include indi- viduals, 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." The question before the Commission is what con- stitutes a governmental body and what representation is permitted. In this particular situation, the Consumer Advocate's office is an independent office and the governmental body with which Messers. Widoff and Selkowitz were associated. While there are times the positions of the Consumer Advocate and the Public Utility Commission coincide, the Consumer Advocate's position is always arrived at independently and is based solely on consumer interests as they are seen by the Consumer Advocate. As such, Mark P. Widoff and Larry B. Selkowitz are barred from representing any persons or organizations in an action against the Consumer Advocate's Office or in a contract or other similar matter involving the Consumer Advocate's Office. Further, it is the opinion of the Commission that this prohibition of involvement is limited to adverse relationships with the Consumer Advocate's Office and does not prohibit involvement in any matter as an intervenor where you and the Consumer Advocate are on the same side of the case. It is the opinion of the Commission that the Consumer Advocate's Office also operated independently of the Attorney General's Office. Therefore, Mark P. Widoff and Larry B. Selkowitz may represent any person before the Attorney General's Office. Pursuant to Section 7(9)(i), this opinion is a complete defense in any enforcement proceeding initiated by the Commission, and evidence of good faith conduct Mark P. Widoff & Larry B. Selkowitz October 17, 1979 page 3 of 3 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. CONCLUSION: The governmental body with which Mark P. Widoff and Larry B. Selkowitz were associated is limited to the Consumer Advocate's Office. It does not include the Public Utilities Commission nor the Attorney General's Office. Messers. Widoff and Selkowitz are prohibited from representing any persons before the Office of the Consumer Advocate for one year after they leave that body. In addition, they are prohibited from representing any party, in an action in which they were involved, during their tenure with the Consumer Advocate's Office, Messers. Widoff and Selkowitz may represent clients before the PUC. `PAUL J.( ITH Chairman (SEAL)