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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