HomeMy WebLinkAbout80-004 KullerTO:
DISCUSSION:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
January 17, 1980
OPINION NTI BER. 80 -004
Henry M. Kuller, Esquire
1521 Walnut Street
Philadelphia, PA 19102
RE: Application of Section 3(e) to a former Borough Council
member practicing before the Zoning Hearing Board.
FACTS:
On July 31, 1979 Henry M. Kuller, Esquire wrote this
Commission asking for advice concerning his plans to
represent clients before the Zoning Hearing Board of the
Borough of Jenkintown.
H. advised that he resigned from Jenkintown Borough
Council voluntarily on July 30, 1979 because of moving out
of the Borough. The Zoning Hearing Board of the Borough of
Jenkintown is composed of five members appointed by the
President of the Jenkintown Borough Council. The Zoning
Hearing Board and Borough Council are separate bodies and
have separate independent solicitors.
Mr. Kuller requested "that the Commission issue an
opinion as to whether I, or my partner, Mr. Todd, or any
other associate or partner with whom I may practice law,
are restricted from representing clients before the
Zoning Board of the Borough of Jenkintown and other
provisions of the new Ethics Statute."
The issue is whether section 3(e) applies to a former
member of Borough Council representing an individual before
the Zoning Board.
Section 3(e) of the State Ethics Act states, "no
former official or public employee shall represent a person,
with or without compensation on any matter before the
governmental body with which he has been associated for
one year after he leaves that body."
While the Zoning Board is part of the political
subdivision, the Borough of Jenkintown, it is not the same
governmental body as the Jenkintown Borough Council. Therefore,
section 3(e) does not bar a former member of Jenkintown
Borough Council from representing anyone before the Zoning
Hearing Board of the Borough of Jenkintown.
Henry M. Kuller
January 17, 1980
Page 2
CONCLUSION:
PJS:rdp -3
Mr. Kuller is personally barred from representing any
person before the Jenkintown Borough Council for a period of
one year after he leaves that body, namely until July 30, 1980.
Any other members of his firm are not barred from representing
any perons before the Jenkintown Borough Council by reason of
Mr. Kulleros service on the Council.
A former member of Borough Council is not barred from
representing any person before the Zoning Board under
Section 3(e).
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.
This letter is a public record and will be made
available as such.
State Ethics Commission
308 Finance Building
Harrisburg, PA 17120
(717) 783 -1610
PAUL J . p
Chairma