HomeMy WebLinkAbout80-565 StineTO:
FACTS:
DISCUSSION:
CONCLUSION:
Wallace C. Stine
160 State Street
Portland, PA 18351
STATE ETHICS COMMISSION
HARRISBURG, PA.
ADVICE OF CHIEF COUNSEL
February 27, 1980
RE: Filing requirements of an appointed mayor.
Advice # 565
On August 25, 1979, Mr. Stine, who was appointed
to fill the vacant mayor's position in Portland Borough,
asked what Act 170 requirements were placed upon him.
Section 4, (d) requires that all public
officials shall file a statement of financial interest
with the Commission.
The Commission's proposed regulations published in
the Pennsylvania Bulletin on February 9, 1980 required
that officials appointed without a confirmation process
prior to May 1st shall file a statement of financial
interest with the Commission by May 1st of each year.
While these regulations also provide that incumbent
borough and township officials file only with their
governmental body, Mr. Stine should file his initial
statement with the Commission, thereby placing upon
him the same requirement as candidates.
Mr. Stine is required to file a financial interest
statement with the Commission and a copy with his govern-
mental body prior to May 1, 1980. Each succeeding year
in which he holds office and one year after he leaves
office he will be required to file a financial interest
statement with his governing authority by May 1st of
each year.
Mr. Wallace C. Stine
Page 2
Pursuant to Section 70 )(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.
D RITTE OUSE MORRISON
Chief Counsel