HomeMy WebLinkAbout79-525 CountessTO: Jon C. Countess
Laucks & Monroe
139 East Market Street
York, PA 17401
STATE ETHICS COMMISSION
HARRISBURG, PA.
September 21, 1979
ADVICE OF CHIEF COUNSEL
Advice Number 79 -525
Ain
RE: Effective Date of Enactment, Status of Uncompensated
Appointed Public Officials
FACTS:
On August 3, 1979, Jon C. Countess wrote this
Commission advising that he represented a number of govern-
mental bodies. He inquired as to the proper enactment date
of various sections of Act 170, and also inquired as to the
status of certain uncompensated appointed public officials.
DISCUSSION:
Act 1 of 1979 postponed the effective date of Sections
4(b) and 4(e) from January 1, 1979, to August 1, 1979.
Subsections (a) and (d) of Section 4 remain the same, and
take effect January 1, 1980. The rest of the Act became
effective January 1, 1979, and was not changed. Your con-
clusion in paragraph 2 is therefore correct; the Statement
of Financial Interest required by Section 4 of the Act must
be filed on or before May 1, 1980, for the previous year
ending December 31, 1979.
You are correct in stating that all employees of a
municipality who issue permits or make inspections, such
as zoning officers, building permit officers, BOCA code
enforcement officers, sewer enforcement officers, and any
other person issuing sewer or water connection permits are
"public employees" under the Act. The Commission has held
that uncompensated appointed public officials are not
covered under the Act. Sidari, 79 - 29, Collie, 79 - 30, and
Tobin, 79 - 31.
Pursuant to Sections 7(9)(ii), this advice 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
the acts complained of in reliance on the advice given.
Jon C. Countess
September 18, 1979.
page 2
This advice is a public record and will be made
available as such.
CONCLUSION:
The effective date of the Act is January 1, 1979,
except as to Sections 4(b) and 4(e) which have taken effect
August 1, 1979, and Sections 4(a) and 4(d), which will take
effect January 1, 1980.
Uncompensated appointed public officials are not
covered under Act 170.
David Rittenhouse Morrison
Chief Counsel