HomeMy WebLinkAbout79-549 ClearyTO:
FACTS:
ISSUE:
DISCUSSION:
STATE ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA 17108
ADVICE OF CHIEF COUNSEL
November 19, 1979
Ms. Angeline Cleary
New Hope - Solebury School District
180 West Bridge Street
New Hope, PA 18938
RE: Notaries Public, Inspectors of Elections
Advice Number 79 - 549
On January 25, 1979, Angeline Cleary wrote the
Commission inquiring as to whether Notaries Public or
Inspectors of Elections are public officials under
Act 170.
Does the office of Notary Public confer the status
of "public official" upon that Notary Public?
Is a minority inspector of election a "public
official" under Act 170?
The Commission has already decided in the matter of
Francis J. Bonner, No. 79 -42, that election inspectors are
not public off c is under Act 170.
Notaries Public, because of their scope of re-
sponsibility, limited work period, and minimum payment
are excluded from coverage under 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.
79 -549
CONCLUSION:
Angeline Cleary
November 19, 1979
page 2
This letter is a public record and will be made
available as such.
Notaries Public and inspectors of elections are
not public officials under Act 170.
( D 7 , / 4 1/
pdTID RIT NHOUSE MORRISON
Chief Counsel