HomeMy WebLinkAbout79-528 DeFuriaf.
TO: Guy DeFuria
Fronefield & DeFuria
Box 647
Media, PA 19063
RE: Industrial Development Authorities
FACTS:
DISCUSSION:
STATE ETHICS COMMISSION
HARRISBURG, PA.
September 25, 1979
ADVICE OF CHIEF COUNSEL
Advice Number 79 -528
On September 4, 1979, Guy DeFuria, Solicitor
for the Delaware County Industrial Development Authority,
inquired as to whether uncompensated appointed members
of an authority are subject to Act 170. He also
inquired as to whether the executive director of the
authority is subject to Act 170, and whether a solicitor
for the - authority is subject to Act 170.
The issue before us is whether industrial
authorities are exempt from Act 170 pursuant to the
same rationale in Snyder, 79 -20.
Industrial development authorities have been
created pursuant to the Industrial Development
Authority Law, 73P.S. Section 371 et seq. Section
373 of the Industrial Development Authority Law defines
an "industrial development authority" as "a public
instrumentality of the Commonwealth and a body politic
and corporate, created pursuant to this Act." Said
Act does not define an industrial development authority
as a political subdivision.
The definition of "political subdivision" con-
tained in the Statutory Construction Act, P.A. C.S.A.,
Sec. 1991, does not include industrial development
authorities. It is therefore the Commission's opinion
that industrial development authorities created
pursuant to the Industrial Development Authority Law,
supra, are not included in the term "political sub -
division." Thus, pursuant to the rationale in Snyder,
supra, neither the director nor the solicitor of an
industrial development authority is subject to Act 170.
k5 f
GUY D. DEFURIA
September 25, 1979
page 2
The Commission has already ruled that uncom-
pensated public officials, such as members of an
industrial development authority, are not subject
to Act 170. 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 committed the acts complained of in reliance on the
advice given.
A personal appearance before the Commission and a
formal opinion will be issued upon your request, if you
feel this reply does not suffice.
This letter is a public record and will be made
available as such.
CONCLUSION:
Members of an industrial development authority,
the executive director of an industrial development
authority, and solicitors for an industrial development
authority are not required to file a Statement of
Financial Interests pursuant to Section 4 of Act 170.
David Rittenhouse Morrison
Chief Counsel