HomeMy WebLinkAbout80-585 BucherTO:
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STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
March 24, 1980
ADVICE OF CHIEF COUNSEL
William P. Bucher
Personnnel Director
Delaware County Court House
Media, PA 19063
RE: Filing of the Statement of Financial Interests
FACTS:
DISCUSSION:
Advice # 80 -585
On March 12, 1980 William P. Bucher asked for an opinion
with respect to the filing of the Statement of Financial
Interests.
He asked if the following are required to file:
1. Attorneys in the public defender's office.
2. Department Head in the Parks & Recreational Department.
3. Department Head of Deputies in the Voters Registration
Commission.
He also asked whether the administrator and assistant
administrator of the county nursing home were subject to the
State Ethics Act since the home is managed by a private company.
The issue is whether the above individuals are public
employees. A second issue is whether the administrators of
a county nursing home are subject to the Act if the county
nursing home is operated by a private company.
Attorneys in the public defender's office and Department
Heads in the Parks & Recreational Department, and the
Department Head of Deputies in the Voters Registration
Commission must file Statements of Financial Interests annually
with the county commissioners. If a Department Head has been
replaced, the new Department Head must file by May 1 of the
year in which he is appointed, or within 15 days after
appointed if appointed after May 1. The information on the
form is for the preceding calendar year.
William P. Bucher
March 24, 1980
Page 2
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It is clear that if the county were managing the
nursing home itself, the administrator and assistant
adminstrator would have to file a Statement of Financial
Interests with the county commissioners as public employees.
Although the checks do not actually come from the county
treasurers office, the money does come from the county
treasurers office through the private company hired to do
the management. Therefore, for the purposes of the State
Ethics Act, the administrator and assistant administrator
should be considered "public employees" and file a statement
of their financial interests with the commissioners.
CONCLUSION:
All attorneys in the public defender's office, Department
Heads in the Parks & Recreation Department, and Department
Heads of Deputies in the Voters Registration Commission are
public employees and shall file with the county commissioners.
The administrator and assistant administrators of the county
nursing home are public employees under the State Ethics Act,
notwithstanding the fact a private firm has been hired to
manage the county nursing home.
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.
C
.14/z
DAVID RITTEN OU MORRISON
Chief Counsel