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
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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