HomeMy WebLinkAbout79-529 ShoemakerTO:
RE: Uncompensated Appointed Public Officials,
Community College Trustees
FACTS:
On September 13, 1979, Elwood A. Shoemaker,
Executive Director of the Pennsylvania Federation of
Community College Trustees, wrote us requesting advice
as to whether the trustees of fourteen Pennsylvania
community colleges were exempted from Act 170.
DISCUSSION:.
STATE ETHICS COMMISSION
HARRISBURG, PA.
r01 25, 1979
ADVIC OF CHIEF COUNSEL
Advice Number 79 -529
Elwood A. Shoemaker, Executive Director
Pennsylvania Federation of Community
College Trustees
800 North Third Street
Harrisburg, PA 17102
The issue is whether uncompensated public officials
are exempt from Act 170.
Section 2 of the Act specifically excludes "public
officials" who are appointed to the position and who receive
" no compensation other than reimbursement for actual expenses."
It is therefore the opinion of the Commission that
uncompensated and appointed trustees of the fourteen
community colleges in Pennsylvania are not covered by the
provisions of Act 170.
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 persdnal appearance before the Commission and a
formal opinion will be issued upon your request, if you
feel this reply does not suffice.
ELWOOD A. SHOEMAKER
September 25, 1979
page 2
This advice is a public record and will be made
available as such.
CONCLUSION:
Trustees of the fourteen Pennsylvania community
colleges are exempt from Act 170 because they are ap
and uncompensated public offic
avid Rittenhouse Morrison
Chief Counsel