HomeMy WebLinkAbout79-536 BegleyTO:
FACTS:
DISCUSSION:
STATE ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA 17108
ADVICE OF CHIEF COUNSEL
October 16, 1979
William Begley, Esquire
81 East State Street
Sharon, PA 16146
Advice Number 79 -536
RE: Uncompensated appointed public officials
A director of a bank and executive vice president
of the same bank are members of the Board of Directors
of the Mercer County Drug and Alcohol Commission, and
Drug Council. Both the commission and the council are
negotiating the borrowing of monies from the bank of
which these individuals are associated. The positions
in the Drug Council and Commission are not compensated.
Mr. Begley asked whether Section 3(h) limits the
participation of the director and executive vice president
of the bank in these community organizations.
Section 2 of Act 170 defines public official as
excluding "any appointed official who receives no
compensation other than reimbursement for actual expenses."
It is the position of the Commission that the term any
individual" necessarily implies any "compensated
individual." To construe the Act otherwise would
conflict with the exclusionary language under the term
"public official."
Therefore, Section 3(h) no way limits the director
and executive vice president of the bank under the
facts above.
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.
William Begley, Esquire
October 15, 1979
page 2
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:
The term "any individual" means any compensated
individual, such that uncompensated appointed individuals
are not subject to the limits of Act 170.
D�1 RITTE OUS MORRISON _
Chief Counsel