HomeMy WebLinkAbout80-587 VaughnTO:
FACTS:
DISCUSSION:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
March 25, 1980
ADVICE OF CHIEF COUNSEL Advice # 80 -587
Glenn C. Vaughn. City Solicitor
City of York
50 West King Street, Box 509
York. PA 17405
RE: Filing Responsibilities of a City Solicitor
On March 18. 1980, Glenn C. Vaughn, City Solicitor for
the City of York. wrote this office asking for an opinion.
He advised that he represented no clients in city- related
matters in 1979, and inquired as to whether he would have to
disclose any clients on the Financial Interest Statement.
He also asked if he would have to disclose the County of
York as a separate source of income because of amounts received
in excess of $500 collectively for arbritrations, divorce
masterships, and custody masterships.
The issue is whether there is any client disclosure
required and whether a seperate listing for divorce masterships,
arbritrations, and custody masterships is required as a source
of income under Section 5(b)(5) of the State Ethics Act.
Since Mr. Vaughn has not represented any client in city -
related matters in 1979, no client disclosure is required.
The Commission is aware of criticisms to the appointment
process with respect to arbritrations, divorce masterships,
and custody masterships. In order that there be no question
that a particular individual has used his office to garner
a disproportionate number of these "fees," the city solicitor
shall list as a separate source of income "County of York -
arbritrations and masterships" under question 5 on the
Statement of Financial Interests.
Glenn C. Vaughn
March 25. 1980
Paae 2
CONCLUSION:
Where a city solicitor represents no client in city -
related matters, there is no client disclosure required. Where
a city solicitor receives an excess of $500 collectively from
arbritrations and masterships from the county, he shall list
the county as a source of income and indicate that the amount
is from arbritrations and masterships.
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.
DRM /rdp- 2
DAVID RITTENHOUSE MORRISON
Chief Counsel