HomeMy WebLinkAbout79-532 StuartTO:
Henry L. Stuart, Esquire
1 -3 South Hanover Street
Carlisle, PA 17013
RE: Township Solicitors
FACTS:
DISCUSSION:
STATE ETHICS COMMISSION
HARRISBURG, PA.
September 26, 1979
ADVICE OF CHIEF COUNSEL
Advice Number 79 -532
On September 5, 1979, Henry L. Stuart, Esquire,
Solicitor for Penn Township, Cumberland County, Penn-
sylvania inquired as to whether solicitors are public
employees or public officials. He also inquired as to
whether he must list each security where the dividends
exceed $500, or whether a general statement that dividends
from stocks exceed $500 is sufficient.
The two issues before the Commission are whether a
solicitor is subject to Act 170, and whether each security
with dividends in excess of $500 must be listed.
The Commission has already held in J. Michael King,
79 -34, attached hereto, that solicitors of second -class
townships are "public employees" as that term is used in
Act 170.
Income is defined very broadly in Act 170, as
follows:
Any money or thing of value received, or
to be received as a claim on future services,
whether in the form of a fee, salary, expense,
allowance, forbearance, forgiveness, interest,
dividend, royalty, rent, capital gain or any
other form of recompense or any combination
thereof.
Thus, any security where the dividends, interest, and
capital gains exceed $500 shall be disclosed in the
Financial Interest Statement.
HENRY L. STUART, Esquire
September 26, 1979
page 2
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:
Solicitcrs of a township are public employees as
defined in Act 170.
Securities where the dividend income, interest
income, and capital gain exceed $500 must be disclosed
on the Financial Interest Statement.
David Rittenhouse Morrison
Chief Counsel