HomeMy WebLinkAbout79-535 MuellerTO:
FACTS:
DISCUSSION:
STATE ETHICS COMMISSION
HARRISBURG, PA.
RE: Income, Immediate Family
September 27, 1979
ADVICE OF CHIEF COUNSEL
Advice Number 79 -535
Mueller, Paul A., Jr., Judge
Court of Common Pleas
Court House
Lancaster, PA 17602
On September 10, 1979, Judge Paul A. Mueller, Jr.,
of the Court of Common Pleas of Lancaster County,
inquired as to whether income of his wife from any source
exceeding $500 is required to be filed under Act 170.
He also inquired as to whether income would include
capital gains:
Section 5(b) of Act 170 requires the reporting of
certain information by the public official or public .
employee and the members of his immediate family.
Immediate family is defined in Section 2 of the Act to
include "a spouse residing in the person's household and
the minor dependent children." Therefore, the Statement
of Financial Interest must inc -nude income for one's spouse
from any source exceeding $500.
Income is defined in the Act as "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." Therefore, income means the
total of interest plus dividend plus capital gain. Where
that total for any one investment exceeds $500, the identity
of the investment must be reported.
Any public official or public employee now in office
must file a Financial Interest Statement by May 1, 1980,
for the year 1979.
Paul A. Mueller, Jr., Judge
September 25, 1979
page 2
CONCLUSION:
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.
Income in excess of $500 to one's spouse must be
reported on the Financial Interest Statement. Income
includes capital gain.
David Rittenhouse Morrison
Chief Counsel