HomeMy WebLinkAbout80-566 HerrTO:
DISCUSSION:
CONCLUSION:
STATE ETHICS COMMISSION
HARRISBURG, PA.
ADVICE OF CHIEF COUNSEL
February 28, 1980
Elam M. Herr
Director for Legislation
Pennsylvania State Association of
Township Supervisors
P.O. Box 158
3001 Gettysburg Road
Camp Hill, PA 17011
Advice # 566
RE: Financial interest statement filing requirement of
a person appointed to a township supervisor vacancy.
FACTS:
On November 2, 1979, Mr. Herr asked the Commission
when a person appointed to a township supervisor vacancy
would file their financial interest statement.
A person appointed to fill an elective office is a
public official as that term is used in Act 170.
Section 4, (d) states that no public
official shall be allowed to continue upon - his or her
duties unless he or she has filed a statement of financial
interest with the Commission.
In proposed regulations published in the Pennsylvania
Bulletin of February 9, 1980, the Commission would require
the persons appointed to a township or borough office to
file a statement of financial interest by May 1st of the
year apppointed or within fifteen days of appointment after
May 1st.
The person appointed to a township supervisory vacancy_ .
must file a statement of financial interest for the year
1979 with the State Ethics Commission by May 1, 1980. For
each subsequent year in office, he or she must file a state-
ment of financial interest with their governing authority by
May 1st of the following year.
Mr. Elam M. Herr
Page 2
Pursuant to Section 7Q )(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.
E AVID RITT NHOUSE MORRISON