HomeMy WebLinkAbout80-519 ReeherTO:
FACTS:
STATE ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA 17108
February 7, 1980
ADVICE OF CHIEF COUNSEL
Kenneth R. Reeher
Executive Director
PA Higher Education Assistance Agency
Town House
Harrisburg, PA 17102
RE: Coverage of Independent Agencies by Act 170
80 - 519
On November 29, 1979 we received a letter from
Kenneth R. Reeher, Executive Director of the Pennsylvania
Higher Education Assistance Agency.
He inquired as to whether the Pennsylvania Higher
Education Assistance Agency, being an independent agency,
was subject to the State Ethics Act.
DISCUSSION:
The issue is whether an independent agency is subject
to the State Ethics Act.
The term public official relates to "any elected or
appointed official in the Executive, Legislative or Judicial
Branch of State or any political subdivision thereof...."
The State Ethics Commission construes the Act to
apply to any governmental body of the Commonwealth, including
those governmental bodies which are independent from the
Executive, Legislative or Judicial Branch.
The State Ethics Commission construes the term "political
subdivision," to include any governmental body which was
created by a political subdivision.
The PHEAA is "a body corporate and politic constituting
a public corporation and government instrumentality." Act of
August 7, 1963, P.L. 549, No. 219, Section 1. Therefore it is
subject to the State Ethics Act.
Kenneth R. Reeher
February 7, 1980
Page 2
CONCLUSION:
DRM /rdp -2
The Pennsylvania Higher Education Assistance Association
is subject to the State Ethics Act, 65 P.S. 401 et seq.
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.
DAVID RITTENHOUS MORRISON
Chief Counsel