HomeMy WebLinkAbout79-552 HackettTO:
FACTS:
DISCUSSION:
CONCLUSION:
STATE ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA 17108
ADVICE OF CHIEF COUNSEL
November 20, 1979
Leo A. Hackett, Esquire
Fronefield and DeFuria
107 West Third Street
Media, PA 19063
RE: Income reporting under Section 5(b)(5)
Advice Number 79 -552
On September 21, 1979, Leo A. Hackett advised
that his office represents a school district in the
Commonwealth of Pennsylvania. He asked the following
question with respect to Section 5 of Act 170 -1978:
Is a statement by a public official or
employee filed on an official form stating
that he derives income from rental of real
estate properties in the aggregate of more
than $500.00 sufficient to comply with the
Section 5 of the Act?
Section 5(b)(5) requires the reporting of "the
name and address of any person who is a direct or
indirect source of income totalling in the aggregate of
$500 or more." The official form for this agency is
the Financial Interest Statement.
A mere statement that the individual derives
income from rental of real estate properties does not
indicate the source of income. The Commission will
publish rules and regulations clarifying this portion
of the Act.
Section 5(b)(5) of Act 170 requires that a
public official or public employee state on the Financial
Interest Statement the name and address of the leasees
of these real estate properties. If persons other than
leasees are paying the rent, the identities and addresses
of those persons must be disclosed.
79 552
Leo A. Hackett
November 20, 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
feel this reply does not suffice.
DAVID RITTENHOUSE MORRISON
Chief Counsel