HomeMy WebLinkAbout80-507 HessTO:
FACTS:
DISCUSSION:
as:
STATE ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA 17108
Janaury 25, 1980
ADVICE OF CHIEF COUNSEL
Kenneth L. Hess
Chief of Administration Division
Pennsylvania Game Commission
8,000 Derry Street (Rutherford)
P.O. Box 1567
Harrisburg, PA 17120
RE: Game Commission Members as Public Officials
80 -507
Kenneth L. Hess, of the .''ennsylvania Game Commission,
requested advice as to whether individuals appointed to
the Pennsylvania Game Commission are "public officials,"
and as such are subject to the disclosure requirements of
the State Ethics Act.
34 P.S. 1311.201 provides:
An independent administrative commission to be nown z ihe
Pennsylvania Game Commission is hereby created. '1
Commission shall consist of eight competent citizen, of this
State who shall be appointed by the Governor, +iy and
with the advice and consent of two- thirus of all of
the members of the Senate.,."
Section 2 of the State Ethics Act defines zublic officials
"Any elected or appointed officials in the Executive,
Legislative or Judicial Branch of the State or any political
subdivision thereof, provided that it shall not include
members of advisory boards that have no authority to expend
public Funds other: than reimbursement for personal expense,
or to otherwise exercise the power of the State or any
political subdi.r i.sion thereof. Public official shall not
include any appointed official who receives no compensation
other than reimbursement for actual expenses."
The issue is whether an independent administrative
commission is in the "Executive, Legislative or Judicial Branch
of the State or any political subdivision thereof..."
Kenneth L. Hess
January 25, 1980
Pag 2
The Pennsylvania Game Commission is staffed by the
Executive Branch of the Government. Game commissioned
members are appointed by the Governor, subject to the
advice and consent of the Senate, and as such, are "public
officials." The fact that the agency is an independent
administrative commission does not mean that the members of the
commission are exempt from regulation by the State Ethics Act,
65 P.S. 401 et seq.
Any person appointed by the Governor to the Pennsylvania
Game Commission must submit to the State Ethics Commission,
the Pennsylvania Game Commission, and the Office of Majority
Caucus Secretary of the Senate a Statement of Financial
Interests at least 10 days before confirmation for the
preceding calendar year. In subsequent years they must file
a Statement of Financial Interests with the State Ethics
Commission and the Pennsylvania Game Commission by May 1 of
each year.
CONCLUSION:
Appointees to the Pennsylvania Game Commission are
subject to the State Ethics Act as public officials, and
as such must file a Statement of Financial Interests with
the State Ethics Commission, the Pennsylvania Game Commission,
and the Office of Majority Caucus Secretary of the Senate at
least 10 days prior to confirmation.
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
forrral 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.
DRN,'rdp -1
DAVID RITTENHOUSE MORRISON
Chief Counsel