HomeMy WebLinkAbout79-539 BeattySTATE ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA 17108
ADVICE OF CHIEF COUNSEL
October 26, 1979
TO: John W. Beatty, Solicitor
The School District of the
City of Erie
1511 Peach Street
Erie, PA 16501
Advice Number 79 -539
RE: School Districts as "Political Subdivisions"
FACTS:
On January 26, 1979, John W. Beatty, Solicitor
for the School District of the City of Erie, PA, wrote
this Commission posing two questions:
1) Are unpaid school directors covered by
Act 170?
2) Are school districts "political subdivisions ?"
He noted that the public school code of 1949 does
not define a school district as a political subdivision.
The Executive Director called Mr. Beatty and
informed him of the Class Action suit which covered
many of Mr. Beatty's questions. He advised Mr. Beatty
that Chief Counsel would reply to his letter after the
suit was decided at the Commonwealth Court level.
DISCUSSION:
The case of Obie Snider, et al., v. Thornburgh,
et al., Commonwealth Court (1979), No. 55C.D.
X979, was filed August 31, 1979. Petitioner Snider
averred that he was a public official under the Act,
and in that manner gained standing in order to test the
constitutionality of the Act. The Court, therefore,
never questioned the statutory construction points you
raised that school districts may not be "political
subdivisions."
As you know this case is presently on appeal to
the Supreme Court, and an injunction has been issued by
Justice Nix enjoining this Commission from requiring the
submission of Financial Interest Statements of candidates
for school boards of the Commonwealth.
John W. Beatty
October 26, 1979
page 2 of 2
CONCLUSION:
School directors are subject to Act 170, subject
to the Snider case, now on appeal to the Supreme Court.
School districts are "political subdivisions" as defined
by Act 170.
Pursuant to Section 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.
DAVID RITTENHOUSt MORRISON
Chief Counsel