HomeMy WebLinkAbout79-068 StapletonTO:
RE:
FACTS:
DISCUSSION:
STATE ETHICS COMMISSION
309 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
OPINION OF THE COMMISSION
November 7, 1979
Larrick B. Stapleton
Clark, Ladner, Fortenbaugh & Young
1700 Widener Building
1339 Chestnut Street
Philadelphia, PA 19107
Limitations imposed by Section 3(e) to the
former General Counsel to the State Horse
Racing Commission
79 -068
On October 1, 1979, Larrick B. Stapleton, former
General Counsel to the State Horse Racing Commission,
requested an advice as to whether appearances before
the State Horse Racing Commission would be permitted
under Act 170.
He also requested a copy of the rules and regulations
of the State Ethics Commission.
The issue before the Commission is whether Section
3(e) of the Act prohibits Mr. Stapleton from representing
any person before the State Horse Racing Commission.
Section 3(e) provides:
No former official or public employee shall
represent a person, with or without compen
sation, on any matter before the governmental
body with which he has been associated for one
year after he leaves that body.
The governmental body with which Mr. Stapleton was
associated is the State Horse Racing Commission. He is
. a former State public official.
Larrick B. Stapleton
November 7, 1979
page 2 of 2
CONCLUSION:
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.
f
This letter is a public record and will be made
available as such.
Larrick B. Stapleton, former General Counsel for
the State Horse Racing Commission, is prohibited by
Section 3(e) of Act 170 from representing any person, .
with or without compensation, on any matter before the
State Horse Racing Commission for a period of one year
after he has left the position of legal counsel.
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
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.
(SEAL)
AUL J. /SMITH Chairman