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HomeMy WebLinkAbout80-057 SeltzerSTATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 December 3, 1980 OPINION OF THE COMMISSION The Honorable Eugene R. Geesey Pennsylvania House of Representatives 144 Main Capitol Building Harrisburg, PA 17120 The Honorable Ronald P. Goebel Pennsylvania House of Representatives 25 -A Capitol Annex Harrisburg, PA 17120 The Honorable Jack H. Seltzer Speaker Pennsylvania House of Representatives 139 Main Capitol Building Harrisburg, PA 17120 Dear Representative: By Order dated October 14, 1980, you were advised of the basic requirements placed upon you as a former "public official" under the Ethics Act. I. Issue: The Commission however, reserved judgment on the question of whether appointment as a minority or majority representative (member) to a non - legislative board, commis- sion, authority, etc. imposes any other restrictions on you after you leave the legislature. II. Factual Basis for Determination: 80 -057 Many statutes provide that the various boards, commis- sions and authorities which operate within the Commonwealth shall include members of the-Legislature appointed by the majority or minority leadership of the Legislature. For example, the Pennsylvania Historical and Museum Commission is composed of eighteen members, including four members of the General Assembly, two from the House and two from the Representatives Geesey, Goebel, Seltzer December 3, 1980 Page 2 Senate. 71 P.S. 104. The Advisory Committee for Mental Health and Retardation within the Department of Public Welfare includes the chairman of the Public Health and Welfare Committees of the House and Senate. 71 P.S. 158(1). Another example is the State Transportation Commission established by the Administrative Code which includes: the chairman of the Committee on Highways of the Senate; the chairman of the Committee on Transportation of the House of Representatives; and a member appointed by the President Pro Tempore of the Senate and the Speaker of the House of Representatives from the minority party membership within their respective Houses. 71 P.S. 178. These possible factual circumstances are presented as examples, because it would be virtually impossible to list all such boards, commissions, authorities, etc. which might include members of the Houses of the General Assembly. III. Applicable Law: Section 3(e) of the Ethics Act provides 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." 65 P.S. 403(e). The term "governmental body" is defined in the Ethics Act as: " department, authority, commission, committee, council, board, bureau, division, service, office, officer, administration, legislative body, or other establishment in the Executive, Legislative, or Judicial Branch of the State or a .political subdivision thereof." 65 P.S. 402. Reprsentatives Geesey, Goebel, Seltzer December 3, 1980 Page 3 IV. Discussion: There can be little doubt that a member of the General Assembly, who by virtue of that office, is appointed to serve on a non - legislative board, commission, authority, etc. has been "associated with" that board, commission, authority, etc. within the common, ordinary meaning of that phrase. As such, this association would give rise to the application of the prohibition contained.in Section 3(e) of the Ethics Act. Specifically, where a Representative is appointed to serve on such a board, commission, authority, etc., he acquires a position of preminence with that body. He may be perceived as capable of influencing that body. He may, in fact, wield such influence. His constituents may recognize this preminence. After he leaves the House and the body he served, he may retain some influence by virtue of his association with the board, commission, authority, etc. The Ethics Act seeks to minimize the use of such influence by the former public official by imposing the one -year prohi- bition contained in Section 3(e) of the Ethics Act. These principles were enunicated in Kline, 79 -001 and the Opinion originally issued to Seltzer, 80 -044. The purpose of the Ethics Act is to avoid even the appearance of a conflict of interest (Section 1). This - compels us to conclude that as to those boards, commissions, authorities, etc. to which a legislator may be appointed to serve, by virtue of his public office, Section 3(e) of the Ethics Act requires that he refrain from representing any person before that board, commission, authority, etc. for one -year period after he leaves his public office or that post, whichever occurs later. The scope of the term "represent" and "person" are as originally enunciated in the Opinion originally issued to you. V. Conclusion: As a former public official, member of the House of Representatives, if you were appointed to serve on any non - legislative board, commission, authority, etc., by virtue of your public office, you are prohibited from representing any person before the board, commission, authority, etc. to which you were appointed. This prohibition lasts for one - year after you leave public office or discontinue serving on such board, commission, authority, etc., whichever date is later in time. Representatives Geesey, Goebel, Seltzer December 3, 1980 Page 4 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 AUL J. ITH Chairm