HomeMy WebLinkAbout80-553 KernanTO:
FACTS:
DISCUSSION:
CONCLUSION:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
March 3, 1980
ADVICE OF CHIEF COUNSEL
Frank J. Kernan, Esquire
Solicitor, Findlay Township
Plowman and Spiegel
Grant Building
Pittsburgh, PA 15219
RE: Township Planning Consultant
Advice # 553
On December 20, 1978 Frank J. Kernan wrote the Commission
asking for an advice as to whether a township planning consultant,
among others, would be considered a public employee. He also
inquired as to the extent which members of a planning commission
zoning board and its officers are considered "public employees" or
"public official."
The issue is whether a township planning consultant meets the
public employee guidelines set forth in Section 2 of the State
Ethics Act, 65 P.S. 402.
A township planning consultant is an individual who is
employed by a political subdivision and who is responsible for
recommending official action of a nonministerial nature with
regard to planning. Therefore, a township planning consultant, if
employed on a regular basis by a township, is a "public employee."
As a public employee he or she is responsible for filing a Statement
of Financial Interests annually with the secretary of the township.
Uncompensated appointed officials are specifically exempted
from the filing requirements of the State Ethics Act under the
Section 2 definition of "public official." 65 P.S. 402.
Township planning consultants, if employed on a regular
basis by a township, are considered "public employees," and
shall file a Statement of Financial Interests annually with the
secretary of the township.
Frank J. Kernan
March 3, 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 disclosed 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