HomeMy WebLinkAbout80-523 HussieFACTS:
DISCUSSION:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
February 15, 1980
ADVICE OF CHIEF COUNSEL
TO: Edward C. Hussie
Chief Counsel of Majority Leader
House of Representatives
Commonwealth of Pennsylvania
RE: Real Estate Disclosure Requirements
80 -523
On February 6, 1980, Edward C. Hussie inquired as to
the standards of disclosure for public officials, public
employees, and candidates who have real estate interests.
The standards for disclosure are as follows:
Question 3: The filer should list in question 3,
the name of any governmental body which
is a tenant of the filer. The filer
should indicate the location of the realty and
the name of the tenant. See regulation 5.6 for
a definition of interests in real estate.
Question 5: The filer shall also report any realty and the
name and address of the business tenant where the
filer has reason to know the business tenant is
dealing with the governmental body with which the
public official or public employee is associated,
or if a candidate, would be associated. See
regulation 5.8(h).
Question 5: A public official, public employee, or a candidate
for a zoning board shall list any real property of
which that filer has a greater than 5% interest
which lies within the geographical area subject
to the jurisdiction of the zoning board.
Edward C. Hussie
February 15, 1980
Page 2
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Question 5: Where a public official or public employee leases
properties, but owns those properties in his own
name, that filer is considered to be operating a
business and need only report that he or she has
income from rental business, e.g., "rental business
of John Jones." This does not preclude the
governmental body from requiring more specific
information under section 11 of the Act. Where a
public official, public employee or a candidate has
a partnership interest in the rental business, that
filer need only list the name of the business.
$500 Threshold Requirement: The $500 threshold requirement
is met when the total economic benefit to the public official,
public employee, or candidate in the form of tax savings plus
net rental income equals or exceeds $500.
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 RITTENHOUSE MORRISON
Chief Counsel