HomeMy WebLinkAbout80-556 ReesTO:
DISCUSSION:
CONCLUSION:
Mr. David B. Rees
131 Irwin Avenue
Pittsburgh, PA 15202
STATE ETHICS COMMISSION
HARRISBURG, PA.
ADVICE OF CHIEF COUNSEL _
February 26, 1980
Advice # 556
RE: Application of Act 170 to public officials resigning
in 1979.
FACTS:
On April 3, 1979, Mr. Rees requested an opinion or
advice as to "on or before what date must I resign my
position on the borough council in order to avoid the
financial disclosure requirements of Act 170 ? ".
The principal issue is the effective date and
applications of Section 4, (a) and 4, (d).
The Commission has already .held (Carter et al -
Opinion No. 79 -065) that all individuals who are public
officials or public employees in 1979 are required to file
a financial interest statement for that year by May 1, 1980.
Regulations published in the Pennsylvania Bulletin of
February 9, 1980 also propose a "borough or township elected
official who leaves office at the end of the normal term in
January and who has not participated in any non - routine
official duties does not have to file a statement of fi-
nancial interest for that year. However, they shall report
financial interest for that period on the statement for the
preceding calendar year ".
Mr. Rees is required to file a statment of financial
interest by May 1, 1980 for the year 1979 and the period
to January 7, 1980 if he remained in office until that date.
Pursuant to Section 7(0 )(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 dis-
closed truthfully all the material facts and committed the
acts complained of in reliance on the advice given.
Mr. David B. Rees
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.
AVID RITTENHOUSE MORRISON
Chief Counsel