HomeMy WebLinkAbout79-519 BortnerJeffrey C. Fortner, Esquire
31 South Duke Street
York, Pennsylvania
Dear Mr. Bortner:
LMS /chp
Enclosures
August 17, 1979
ADVICE OF CHIEF COUNSEL
Sincerely,
Advice Number 79 -519
In your letter of July 30, 1979, you asked what
responsibilities Act 170 placed upon a solicitor for a borough,
school district and three authorities.
On July 9, 1979, the Commission issued opinions to
J. Michael King, Esquire and Benjamin G. P;icFate, Esquire respond-
ing to your question. Copies of these opinions are attached for
your information.
This advice gives you the protection of Section 7,
9(11) in that "it shall be a complete defense in any enforce-
ment proceeding initiated by the Commission, and evidence of
good faith conduct in any other civil or criminal proceeding,
if the requestor, at least 21 working days prior to the alleted
violation, requested written advice from the Commission in good
faith, disclosed truthfully all the material facts and committed
the acts complained of either in reliance on the advice or be-
cause of the failure of the Commission to provide advice within
21 days of the request of such later extended time."
If you want a formal opinion of the Commission, you
may request that and you are also entitled to make a presenta-
tion at thepublic hearing at which that request would be con-
sidered.
David Rittenhouse Morrison
Chief Counsel