HomeMy WebLinkAbout79-540 StapletonTO:
RE: Notaries Public
FACTS:
On November 9, 1979, Senator Stapleton contacted
the Ethics Commission and inquired as to whether
Notaries Public are "public officials /public employees"
as defined by Act 170 of 1978.
DISCUSSION:
November 13, 1979
• Advice Number 79 -540
Patrick J. Stapleton, Senator
Room 182
Main Capitol Building
Harrisburg, PA 17120
The Commission held in Bonner, 79 -42:
...that Judges of Elections, Election Inspectors,
Clerks of Elections and Machine Inspectors are
"public officials" as that term is used in Act
170. However, their scope of responsibility,
limited work period - 2 days per year, minimum
payment - less than $100 annually and rigidly
prescribed duties, persuade the Commission to
exclude them from coverage by the Act.
Notaries Public perform ministerial duties, all of
which are strictly defined by law. However, their
minimum payment and rigidly prescribed duties persuade
the Commission to exclude them from coverage by the Act.
CONCLUSION:
Notaries Public are not covered 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 lette a
public record and will be m -•6 ay. "abl as
ONIMI
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cc: Pa. Assoc. of Notaries
STATH ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA 17108
ADVICE OF CHIEF COUNSEL
AVID RITTE HOUSE MORRISON
Chief Counsel