HomeMy WebLinkAbout80-529 MayerTO:
FACTS:
DISCUSSION:
CONCLUSION:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
February 21, 1980
ADVICE OF CHIEF COUNSEL
Kathryn Wohlsen Mayer, Esquire
Assistant City Solicitor
Bureau of Law
City of Allentown, PA 18101.
80 -529
RE: Memebers of a Zoning Hearing Board as Public Employees or
Public Officials
On February 4, 1980, Kathryn Wohlsen Mayer, Esquire,
Assistant City Solicitor for the City of Allentown, wrote this
Commission asking whether uncompensated zoning hearing board
members are required to file a Statement of Financial Interest.
She indicated that the members of the board, by ordinance,
are prohibited from receiving any compensation for their
services, although they are reimbursed for the cost of overhead
and the writing of opinions in the amount of $25. This $25 fee
only goes to the individual responsible for having the opinion
written and typed.
The issue is whether receipt of $25 by a zoning hearing
board officer to cover the cost of writing and typing an opinion
constitutes compensation or reimbursement for expenses.
The definition of public officials specifically excludes
any appointed official who receives no compensation other than
reimbursement for actual expenses. 65 P.S. 402.
It is unreasonable to presume that an attorney can draft
an opinion, have it typed, and issue it for publication for
less than $25 overhead. By opinion we are referring to a legal
discussion on a matter before the zoning board which involves an
analysis of the facts and an application of the law.
Zoning board members who are barred by ordinance from
receiving any compensation for their services, but who do
receive $25 to cover the expenses of typing and issuing written
opinions are not public officials or public employees, and are
not required to file a Statement of Financial Interest.
Kathryn Wohlsen Mayer, Esquire
February 21, 1980
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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 disclsoed 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