HomeMy WebLinkAbout80-030 KellyRobert E. Kelly, Esquire
P.O. Box 1003
Harrisburg, PA 17101
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STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
June 25, 1980
OPINION OF THE COMMISSION
80 -030
Dear Mr. Kelly:
In your letter of May 23, 1980 you requested an opinion from
the State Ethics Commission concerning the application of Section 3(e)
of Act 170. You explained that you resigned as Deputy Attorney
General, Office of Civil Law, Department of Justice on May 16, 1980
and that you are presently employed by the firm of Duane, Morris
and Heckscher. You further explained that while employed by the
Justice Department you did not represent or in any manner render
service to the Administrator for Arbitration Panels for Health Care.
You specifically requested an opinion as to whether Section 3(e) of
the Act prevents you from representing private parties in medical
malpractice actions before the Administrator for Arbitration Panels
for Health Care during the one -year period following your resignation
from the Department of Justice.
The Office of Administrator for Arbitration Panels for Health
Care was created by the Health Care Services Malpractice Act, Act
of October 15, 1975, P.L. 390, as amended, 40 P.S. § 1301101 et se.
(Supp. 1979 -80) to provide for the arbitration of medical malpractice
claims. The Office of Administrator is established by statute within
the Department of Justice but the administrator is appointed by the
Governor and may only be removed from office by the Governor. 40 P.S.
§ 130 1.301 -302. The administrator has authority to appoint a secretary
and other employees necessary to administer the Act. 40 P.S. § 1301.303.
Malpractice claims are heard by an arbitration panel composed of
one health care provider, one attorney, and one la
§ 1301.308(b), as amended, Act 128 of 1979 (December 14, Person. ). P.S.
Th
panel makes findings of fact and determinations astoliability and
award of damages. 40 P.S. § 1301.508.
Robert E. Kelly, Esquire
June 25 , 1980
Page 2
Section of o
3(e) Act 170
employee from 3(e)
ectn an prohibits a former public official or
governmental body with which hephasobeen a ssociated r for f one year the
after he leaves that body." It is the Commission's opinion that
the Office of Administrator for Arbitration Panels for Health Care
is operated independently of the Attorney General's Office although
established administratively within the Department of Justice. g
administrator is appointed by the Governor and may be removed only
by the Governor. The administrator has statutory authority to a oin
employees necessary to administrer the Act. Health vi t
ce
The
Malpractice Act places exclusive responsibility in the administrators
for the operation of the arbitration panels.
authority of the Administrator for arbitration Given
Care, the role and composition of the panels that arbitrate malpractice
claims, and the fact that you did not represent or render services
to the administrator while an employee of the Justice Department,
it is the Commission's opinion that Section 3(e) does
prohibit you from representing ( ) of Act 170 does not
before the Administrator and arbitration panels in
Services Malpractice Act during the one -year period followin rare
resignation from the Department of Justice. g your
Pursuant to Section 7(9)(i), this opinion is a complete defense
in any enforcement proceeding initiated by the Commisison, 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.
PJS /nia
cc Edward Biester
Attorney General
P L S
Chairman