HomeMy WebLinkAbout80-502 MellingerTO:
FACTS:
DISCUSSION:
CONCLUSION:
Ira L. Mellinger
101 Witmer Road
Lancaster, PA 17602
STATE ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA 17108
January 25, 1980
ADVICE OF CHIEF COUNSEL
RE: Members of a Sewer Authority
80 -502
On December 11, 1979 Ira L. Mellinger wrote this
Commission asking whether Sewer Authority Members are covered
by the State Ethics Act, and as such must they report sources
of income of $500 or more.
The issue is whether Sewer Authority Members are covered
by the State Ethics Act. Section 2 of the State Ethics Act
exempts any appointed official who receives no compensation
other than reimbursement for actual expenses.
Authority members generally are not compensated except
for reimbursement of expenses; therefore, they are not
normally subject to the State Ethics Act.
In Snyder, 79 -20, the Commission held that municipal
authorities were not subject to the State Ethics Act because
they were not political subdivisions. This decision is
currently under reconsideration upon the drafting of
regulations.
In the event that the proposed regulations would
cover authorities, and Mr. Mellinger is a paid appointed
official who is a member of a sewer authority, he would have
to file a Statement of Financial Interest with that authority.
On that Statement of Financial Interest he should indicate
any sources of income of $500 or more.
Appointed officials serving without compensation, except
reimbursement for acutal expenses, on a sewer authority are
not subject to the State Ethics Act.
DRM /rdp -1
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 RITTENHOUSE MORRISON
Chief Counsel