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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 Page 2 DRM /rdp -2 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