HomeMy WebLinkAbout80-511 HobsonTO:
FACTS:
STATE ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA 17108
January 25, 1980
ADVICE OF CHIEF COUNSEL
Herbert A. Hobson
Tobyhanna Township Supervisors
Pocono Pines, PA 18350
RE: Member of a Vacancy Board
80 -511
Mr. Herbert A. Hobson, a Tobyhanna Township Supervisor,
has inquired as to whether a member of a township vacancy board,
pursuant to 53 P.S. 65420, is subject to the State Ethics Act.
53 P.S. 65420 provides that if township supervisors are
unable to agree on appointing a successor to a vacancy in the
offices of supervisor, tax collector, auditor, or accessor, a
vacancy board composed of township supervisors and one
register elector of the township shall fill the vacancy.
DICUSSION:
The issue is whether a township elector is a public
official as defined by the State Ethics Act.
Section 2 of the State Ethics Act defines a public official
as ...[An) appointed official in ...any political subdivision...."
In order for an individual to be an official, he or she
must have a certain power. The Chairman of a vacancy board
has no power unless the township supervisors are unable, by
majority vote, to fill the vacancy within 30 days.
Even in the event, that the township elector has the
power to vote to fill the vacancy, this power ends after that
vote is cast. Therefore, he would be a temporary public offical,
and as such is not subject to the public disclosure requirements
of the State Ethics Act.
Only in the event that the vacancy board chairman actually
fills the vacancy himself or herself, would he or she be a
public official, and be subject to the public disclosure
requirements of the Act.
Herbert A. Hobson
January 25, 1980
Page 2
CONCLUSION:
DRM /rdp -1
The vacancy board chairman would be bound to respect
the restricted activities contained in section 3 of the Act,
and would be subject to a civil and criminal penalties for
violation of the State Ethics Law other than the disclosure
requirements contained in sections 4 & 5.
A vacancy board chairman as defined by Section 420
of the Borough Code, 53 P.S. 65420, is not subject to the
disclosure requirements of the State Ethics Act. He is
nevertheless legally bound to respect all other aspects of
the State Ethics Act.
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.
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DAVID RITTENhOUSE MORRISON
Chief Counsel