HomeMy WebLinkAbout80-513 SnyderTO:
RE:
FACTS:
DISCUSSION:
CONCLUSION:
G. Roderick Snyder
629 Walnut Street
Reading, PA 19601
STATE ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA 17108
January 11, 1980
ADVICE OF CHIEF COUNSEL
80 -513
Assistant County Solicitor as a public official
On January 2, 1980 G. Roderick Snyder, Assistant
County Solicitor for Berks County wrote this office
inquiring as follows:
1. Must an Assistant District Attorney file a
Statement of Financial. Interest?
2. Since 21 days have elapsed since my first
request as to whether an Assistant County
Solicitor is covered by the Act, am I barred
from any future prosecution for violating
the Act?
The Assistant District Attorneys are covered by
Act 170 as "public officials." Rendell, 79 -7.
Assistant City Solicitors are covered under the
Act as "public employees." Berger /Beaser, 79 -060.
Since 21 days have elapsed since the original
request, you could not be prosecuted for failure to file
a Statement of Financial Interest, should you have been
required to file one between August 1 and the date of
receipt of this letter. You must file a Statement of
Financial Interest by May 1, 1980 for the year 1979. It
is filed only with the County Solicitors Office, because
an Assistant County Solicitor is only a "public employee."
If 21 days has elapsed since the original request
for determination as to whether a Statement of Financial
Interest has to be filed, no prosecution or civil action
may take place under Act 170 for failure to file between
the time of the request and the time of the receipt of
determination. Assistant County Solicitors are public
employees. Assistant District Attorneys are public
officials.
G. Roderick Snyder
January 11, 1980
Page 2
DRM /rdp
Pursuant to Section 7(9)(ii), this advice is a
complete defense in any enforcement proceeding inititated
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.
DAVID RITTENHOUSE MORRISON
Chief counsel