HomeMy WebLinkAbout80-545 WolfeTO:
DISCUSSION:
STATE ETHICS COMMISSION
HARRISBURG, PA.
ADVICE OF CHIEF COUNSEL
February 28, 1980
Marc R. Wolfe
Mervine, Brown and Newman
712 Monroe Street
Stroudsburg, PA 18360
Advice 11 545
RE: Act 170. coverage of members of a County Industrial
Development Authority.
FACTS:
On January 15, 1980, Mr. Wolfe asked whether Act 170
covered members of the Monroe County Industrial Development
Authority.
The issue is whether the payment of $10.00 per meeting
received by each authority member is compensation.
The definition of public official in Section 2 of
the Act excludes appointed non- compensated officials.
The Industrial Development Authority had a policy
stating that the $10.00 was "expressly.intended as re-
imbursement for expenses for each member attending the
regular monthly meeting ". While this policy was not
expressly renewed for the year beginning January 1, 1980,
the Board still views the $10.00 payment as a reimbursement
for expenses.
CONCLUSION:
The members of the Monroe County Industrial Development
Authority are not covered by Act 170 as long as the Board
specifies that the $10.00 payment is a reimbursement for
expenses.
Pursuant to Section 7(9)(i1), 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.
Mr. Marc R. Wolfe
Page 2
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.
Ed1(41
DAVID RITTENHOUSE MORRISON
Chief Counsel