HomeMy WebLinkAbout80-040 LloydMr. William R. Lloyd, Jr.
645 East Main Street
Somerset, PA 15501
I
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
August 20, 1980
OPINION OF THE COMMISSION
80 -040
Dear Mr. Lloyd:
In your letter of July 7, 1980, you requested an advisory
opinion from the State Ethics Commission as to the applicability
of Act 170 § 3(e) to you in your capacity as a former afministra-
tive law judge for the Pennsylvania Public Utility Commission.
Section 3(e) states that:
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.
In your letter you explain that until January 11, 1980 you
served as a part -time administrative law judge for the Public
Utility Commission. You state further that you are presently a
candidate for the State Legislature from Somerset County. At this
time you desire to register your opposition to a recent service
cutback by a motor carrier which is the subject of Public Utility
Commission regulation. You inquire of the Commission as to
(1) whether you may write to the Public Utility Commission to
protest certain Utility action; (2) whether you may file a formal
complaint with the Public Utility Commission; and, (3) whether you
would be able to participate in any Public Utility Commisiion
hearing which results from either your letter, the protests of
others, or a formal complaint filed by you or another.
'The Commission finds that part -time administrative law
judges, serving before January 11, 1980, were
paid on a payroll, basis after submitting time sheets to tthePublicwUttility
Commission. It is the practice of the Public Utility Commission
to treat persons performing such services as employees and to
withhold social security and other taxes from said wage payment.
Therefore, it is the opinion of the Commission that a part -time
William R. Lloyd, Jr.
August 20, 1980
Page 2
administrative law judge is a public employee under Act 170, and
Section 3(e) of the Act is applicable. As a former employee of
the Public Utility Commission you may not represent any person
on any matter before the respective Commission for a period of
one year after your leaving their employment. You may, however,''
in your individual capacity, write to the Public Utility Commission
to comment upon a matter within their jurisdiction. You may
individually file a formal complaint with the Public Utility
Commission so long as you do not represent another person in that
complaint; and finally, you may, to the extent granted by the
Public Utility Commission, participate as an individual in any
public hearing including testifying in your own behalf.
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 of the Advice given.
This letter is a public record and will be made available
as such.
PJS /nia
cc: Public Utility Commission
Susan M. Shanaman, Chairman
PAUL J . /S,M ITH
Chairmal
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.