HomeMy WebLinkAbout79-533 DoyleSTATE ETHICS COMMISSION
HARRISBURG, PA.
September 25, 1979
ADVICE OF CHIEF COUNSEL
TO: J. L. Doyle
821 East Main Street.
Waynesboro, PA 17268
DISCUSSION:
Advice Number 79 -533
RE: Uncompensated Appointed Officials, Directors
of a Library
FACTS:
On September 12, 1979, the Commission received
from J. L. Doyle a letter inquiring as to whether the
appointed uncompensated directors of the Alexander
Hamilton Free Library are subject to Act 170.
The issue before the Commission is whether
uncompensated appointed officials are covered by Act 170.
Section 2 of Act 170 provides that "'public
official' shall not include any appointed official who
receives no compensation other than reimbursement for
actual expenses." The members of the board of directors
of Hamilton Memorial Free Library receive no compensation
other than reimbursement for actual expenses. Therefore,
they are not subject to the requirements of Act 170.
Opinions of Sidari, 79 - 29, Collie, 79 - 30, 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 if
you feel this reply does not suffice.
This letter is a public record and will be made
available as such.
J. L. DOYLE
September 25, 1979
page 2
CONCLUSION:
Appointed public -officials who receive no
compensation other than reimbursement of actual
expenses are not subject to the requirements -of
Act 170.
David Rittenhouse Morrison
Chief Counsel