HomeMy WebLinkAbout80-570 BaldwinTO:
FACTS:
DISCUSSION:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
March 3, 1980
ADVICE OF CHIEF COUNSEL
Wilmer K. Baldwin, Secretary- Manager
Township of Wilkins
110 Peffer Road
Turtle Creek, PA 15145
RE: Volunteer Fire Marshall & Deputies
Advice 1/ 570
On November 16, 1979, Wilmer K. Baldwin, Secretary -
Manager of the Wilkins Township in Allegheny County wrote
this Commission to inquire as to whether the township
fire marshall and his deputies were required to file
Statements of Financial Interests. He advised that these
officers received no compensation.
By telephone conversation of February 26, to the
Executive Director, Edward M. Seladones, it was learned
that these individuals have authority to issue directives
that buildings are in violation of Fire & Safety Codes. If
these violations are not corrected, both the fire marshall
and his deputies are empowered to file citations at the
office of the District Justice.
The issue is whether fire marshalls and their deputies
have to file Statements of Financial Interests.
Section 2 of the State Ethics Act specifically excludes
from the defintion of "public official" "any appointed official
who receives no compensation other than reimbursement for
actual expenses." Therefore, volunteer fire marshalls and their
deputies are not public officials.
Nor could they be construed to be "public employees" since
they receive no compensation.
Wilmer K. Baldwin
March 3, 1980
Page 2
CONCLUSION:
DRM /rdp -2
Volunteer fire marshalls and their deputies are not
subject to the filing requirements of the State Ethics Act.
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