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HomeMy WebLinkAbout80-572 FornelliTO: FACTS: DISCUSSION: CONCLUSION: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 March 7, 1980 ADVICE OF CHIEF COUNSEL Francis J. Fornelli Cusick, Madden, Joyce & McKay First Federal Building Sharon, PA 16146 Advice # 80 -572 RE: Meaning of the Term "Individual," Section 3(h)(1) On November 30, 1979, Francis J. Fornelli, Solicitor for the Municipality of Hermitage, wrote this Commission asking for an opinion as to whether the term, "individual" in Section 3(h)(1) applies to anyone other than a defined public official or public employee. On August 2, 1979 this Commission issued an advice of chief counsel indicating that the term "individual" meant "public official or public employee," and inasmuch as uncompensated public officials are not subject to the disclosure requirements of the Act, the term "individual" was further limited to compensated individuals. The term, "individual," in Section 3(h)(1) refers to "public employees and public officials" such that an uncompensated appointee to a governmental body of a political subdivision is not subject to the disclosure requirments 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. Francis J. Fornelli March 7, 1980 Page 2 DRM /rdp -3 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