HomeMy WebLinkAbout80-533 KearnsTO:
DISCUSSION:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
February 22, 1980
ADVICE OF CHIEF COUNSEL
Richard L. Kearns
Caldwell, Clouser & Kearns
112 -114 North Second Street
P.O. Box 1164
Harrisburg, PA 17108
Advice # 80 -533
RE: Statement of Financial Interests Required of a Municipal
Authority Solicitor
FACTS:
On February 12, 1980 Richard L. Kearns, a solicitor for
a municipal_ authority, requested an advice as to whether he
must file a Statement of Financial Interests under the State
Ethics Act.
The issue is whether municipal authority solicitor's are
covered by the State Ethics Act as public employees.
The Commission decided in the case of Snyder, 79 -20, that
municipal authority solicitors were not public employees because
the definition of public employees under the State Ethics Act
related only to Commonwealth employees and employees of political
subdivisions. The definition of "political subdivision" contained
in the Statutory Construction Act, 1 Pa. C.S.A., Sec. 1991, does
not include municipal authorities. Therefore the Commission
decided that solicitors for a municipal authority would not be
subject to the State Ethics Act as employees of a political
subdivision.
However, using the same analysis employees of zoning boards
and planning commissions would also not be covered by the State
Ethics Act. Upon review of this case and its ramifications, the
Commission decided that it was the intent of the legislature to
also include within the definition of political subdivisions
any governmental body created by a political subdivision. This
decision was incorporated in the public employee /public official
regulations submitted to the Legislative Reference Bureau for
publication cm February 15, 1980.
Richard L. Kearns
February 22, 1980
Page 2
CONCLUSION:
DRRM/rdp -2
The definition in the proposed regulations for political
subdivisions is:
2.1(e) "Political subdivision" any county, city, borough,
incorporated town, township, school district, vocational
school district, and any governmental body created by the
foregoing governmental bodies.
Thus, zoning boards, planning commissions, and authorites
are subject to the State Ethics Act.
The Commission is now waiting comments on these proposed
regulations. The Snyder opinion is still in effect and therefore
as of this date solicitors of municipal authorities are still
not required to file Statements of Financial Interests with their
municipal authority. When or if the regulation is adopted,
municipal authority solicitors will be required to file Statements
of Financial Interests with their municipal authority only.
They will not file Statements of Financial Interests with
the State Ethics Commission.
The proposed regulations submitted for publication on
February 15, 1980 would, in effect, reverse the Snyder opinion,
79 -20, and require municipal authority solicitors to file
Statements of Finanial Interest with their authority. The
State Ethics Commission is awaiting comments on these proposed
regulations.
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 RITTENH6USE MO ISON
C:Aef Counsel