HomeMy WebLinkAbout80-505 ReberTO:
January 21, 1980
ADVICE OF CHIEF COUNSEL
Robert D. Reber, Jr.
Reynier, Crocker, Allebach & Reber, P.C.
424 King Street
Pottstown, PA 19464
RE: Township and Borough Solicitors
FACTS:
CONCLUSION:
80 -505
On December 10, 1979 Robert D. Reber, Jr., Solicitor
for various townships and boroughs, asked if solicitors
must file a Statement of Financial Interest.
DISCUSSION:
The Commission has held that municipal solicitors are
covered under the Act either as public employees or as public
officials. Levin, 79 -76, enclosed. The decision in this
opinion to strictly follow the statute and require all public
officials to file with this Commission is under review. The
Commission is considering adopting a regulation which would
require borough solicitors to file only with their borough,
much in the same way as township solicitors only file with
their township.
Borough and township solicitors must file a Statement
of Financial Interest. Township solicitors file only with
the township. The Commission is considering the adoption of
a regulation which would require borough solicitors to also
only file with the borough, instead of both the borough and
the State Ethics Commission.
This office will advise you of the publication of the
proposed regulations.
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.
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Eta,.
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.
SE MORRISON
DAVID RITTEN
Chief Counsel