HomeMy WebLinkAbout80-027 FlynnJohn J. Flynn
Assistant Attorney General
Legal Office
Sixth Floor, Box 2649
Transportation & Safety.Bldg.
Harrisburg, PA 17120
Dear Mr. Flynn:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
June 25 , 1980
OPINION OF THE COMMISSION
In your letter of March 27, 198E you requested, in
your capacity as counsel to the State Board of Chiropratic
Examiners, an advisory opinion from the State Ethics
Commission concerning a matter presently before the Board.
You explained that the Adio Institute of Straight Chiropractic
presently has an active application before the Board seeking
approval as a Chiropractic Institution. You further explained
that Adio Institute has commenced a civil action in the Bucks
County Court of Common Pleas against various groups and
individuals including the Pennsylvania Chiropractic Society.
You indicated that three members of the four- person Board of
Chiropractic Examiners are members of the Pennsylvania
Chiropractic Society.
At the public hearing on May 21, 1980, you advised the
Commission that Adio Institute had commenced a civil rights
action in the United States District Court against the State
Board of Chiropractic Examiners and four members of the Board
individually and in their official capacity as Board members.
The action seeks declaratory relief and money damages from
the defendants. You specifically requested an opinion as to
whether the pending civil action against the Pennsylvania
Chiropractic Society and the civil rights action naming
individual members of the Board created a conflict of interest
prohibited by Act 170 that would prevent the Board from
acting upon Adio Institute's application for approval as a
Chiropractic Institution.
80 -027
John J. Flynn
June 25, 1980
Page 2
It is the Commission's opinion that a civil action against
a professional organization whose membership includes members
of a state regulatory body does not create a conflict of
interest prohibited by Act 170. It is the Commission's further
opinion that the pending civil rights action does not constitute
a conflict of interest prohibited by Act 170 and that the
individual members of the Board named in Adio's action may
continue to consider and act upon the application of Adio
Institute for approval as a Chiropractic Institution.
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 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.
PJS /rdp
cc: Dr. Schneier
Mark Uhryk
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PAUL J. S„ TH
Chairman