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HomeMy WebLinkAbout79-559 RiderTO: DISCUSSION: CONCLUSION: STATE ETHICS COMMISSION P. 0. Box 1179 Harrisburg, PA 17108 ADVICE OF CHIEF COUNSEL December 19, 1979 William L. Rider RD 2 High Hope Columbia Crossroads, PA 16914 RE: Duties of a Member of the Board of Auditors of a Second Class Township FACTS: Advice Number 79,558 On December 1, 1979, William L. Rider, advised this Commission that he is a member of the Board of Auditors, a second class township in Bradford County, Pennsylvania. He inquired if he was to file a statement of financial interest no later than May 1, 1980 covering 1979. He also inquired as to whether the $500.00 requirement of Question 5 applies to each individual investment, or the aggregate of all investments as a source. As a member of a Board of Auditors, William L. Rider is a public official. Pursuant to §4 (d) of the State Ethics Act, a statement of financial interest for the year 1979 should be filed with the State Ethics Commission no later than May 1, 1980. S5 (b)(5) of the State Ethics Act requires the reporting of a security where the income (dividend income capital gains) from each individual investment equals or exceeds $500.00. In the event that the security is a mutual fund, and the income equals or exceeds $500.00 from that mutual fund, the name of that mutual fund shall be indicated. The same rationale will apply to instruments of indebtedness. A member of a Board of Auditors of a second class township is required by the State Ethics Act to file a statement of financial interest by May 1 of 1980 for the year 1979. ADVICE OF CHIEF COUNSEL PAGE 2 DRM /lm -2 The $500.00 reporting requirement set forth in Question 5 of the Statement of Financial Interest applies to each individual security or mutual fund, and not the securities collectively. 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 RIT Chief Counsel OUSE MORRISON