HomeMy WebLinkAbout80-517 McLeanTO:
RE:
FACTS:
DISCUSSION:
STATE ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA 17108
February 4, 1980
ADVICE OF CHIEF COUNSEL
James H. McLean, Deputy County Solicitor
Alexander J. Jaffurs, County Solicitor
County of Allegheny, Department of Law
919 Jones Law Annex Building
Pittsburgh, PA 15219
Trustees of a community college who serve without
compensation; whether CETA employees are public
employees as defined by Act 170.
80 - 517
On July 19, 1979, James H. McLean, Deputy County
Solicitor, and Alexander J. Jaffurs, County Solicitor,
wrote us asking for an advisory opinion.
They advised that the trustees of the Community College
of Allegheny County served without compensation and are
appointed by Allegheny County Commissioners. He asked how
these individuals are affected by Act 170.
He also advised that under the Comprehensive Employment
Training Act (CETA), some employees of Allegheny County are
responsible for taking or recommending official action of
a nonministerial nature. He further advised that they are
temporary employees whose employment is dependent upon
funding of this federal progam.
There are two issues in this letter. One is whether
uncompensated trustees of a community college are covered
by Act 170. The second is whether CETA employees of
Allegheny County would be considered "public employees ".
under Act 170.
Uncompensated appointed officials, not subject to
confirmation, are not "public officials" under the Act and
are therefore not subject to the disclosure requirements
or revolving door bar of Section 3(c), 65 P.S. 403(c).
CETA employs are ministerial. See definition, Section 2,
65 P.S. 402.
James H. McLean
February 4, 1980
Page 2
CONCLUSION:
The trustees of the Community College of Allegheny
County are not covered by Act 170 because they are uncompensated
appointed public officials.
Temporary CETA employees, who earn a minimum wage or
slightly above a minimum wage, are not public employees as
defined by Act 170 and are therefore not covered by Act 170.
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.
DRM /rdp -1
DAVID RITTENHOUSE MORRISON
Chief Counsel