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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. r �J � DAVID RITTENhOUSE MORRISON Chief Counsel