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FACTS:
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STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
February 19, 1980
ADVICE OF CHIEF COUNSEL
Representative William Telek
House Post Office Box 91
Main Capitol Building
Harrisburg, PA 17120
80 -525
RE: Uncompensated Authority Members Under the State Ethics Act
On February 12, 1980 Representative William Telek requested
advice from the Commission as to whether the Windber Community
Building Authority (Members) are covered by the State Ethics Act.
He advised that this authority is composed exclusively of
volunteer members. The function of the authority is to see that
the community building does not go into debt, that repairs are
made, and the overall objectives are being served.
The issue is whether uncompensated members of an authority
are subject to the disclosure requirements of the State Ethics
Act.
Section 2 of the State Ethics Act states that the term
"public official" shall not include any appointed official who
receives no compensation other than reimbursement for actual
expenses. Since authority members receive no money, they
cannot be considered public officials.
Authority members could also not be considered public
employees, if they are uncompensated. Therefore, they are not
subject to the disclosure requirements of the State Ethics Act.
Uncompensated members of an authority are not subject to
the disclosure requirements 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.
William Telek
February 19, 1980
Page 2
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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.
RIT E OU MORRISON
hief Counsel