HomeMy WebLinkAbout79-542 MaierTO:
RE:
FACTS:
DISCUSSION:
CONCLUSION:
STATE ETHICS COMMISSION
P 0. Box 1179
Harrisburg, PA 17108
ADVICE OF CHIEF COUNSEL
November 14, 1979
Albert F. Maier, Jr., Esquire
Maier & Maier
Freeland, PA 18224
Advice Number 79 - 542
Financial Disclosure responsibilities of an
attorney retained by Township Supervisors,
Borough Council, an Authority, and a Zoning
Hearing Board
On September 25, 1979, the Commission received
a letter from Albert F. Maier, Jr., Esquire, advising
that he represented the Foster Township Supervisors,
the White Haven Borough Council, one Authority, and
one zoning board. He advised that he received no re-
tainers from any of them, but billed them at an hourly
rate.
He requested an advisory opinion as to whether he
must comply with the Pennsylvania Ethics Act.
The issue is whether an attorney who is hired by
a governmental body on an hourly rate must file a
Financial Interest Statement.
The Commission has already held that municipal
authority solicitors (McCarthy, 79 -22), township and
borough solicitors (King, 79 -34), and school solicitors
(Levin, 79 -36) are subject to Act 170 as "public
employees;" Section 2 of Act 170.
If Mr. Maier is the attorney who is regularly
hired by the above mentioned governmental bodies, then
he has a position similar to solicitor and is covered
by the Act in the same manner as a solicitor is covered.
Albert F. Maier, Jr., Esquire
November 14, 1979
page 2
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
f`..1 tiis reply does not suffice.
This 1ett:r is a public record and will be made
available as such.
DAVID RITTIMHOUS} nomidbil
Chief Counsel