HomeMy WebLinkAbout80-613 MacAniffTO:
FACTS:
DISCUSSION:
CONCLUSION:
Mailing Address:
STATE ETHICS COMMISSION
P.O. BOX 1179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
April 8, 1980
ADVICE OF CHIEF COUNSEL
Thomas MacAniff, Esquire
60 East Court Street
Doylestown, PA 18901
RE: Filing Responsibilities of School Directors
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Advice #80 -613
Advice is requested concerning the filing responsi-
bilities of school directors by Thomas MacAniff, Esquire
of Doylestown.
On October 9, 1969, Justice Nix issued an opinion
enjoining the State Ethics Commission from requiring
candidates for the office of school director to file
a Statement of Financial Interests with the Commission.
The Commission construes the opinion of October 9
as logically applying to incumbent and appointed school
directors as well.
No school director is required to file a Statement
of Financial Interests with the State Ethics Commission
until the temporary injunction issued by Justice Nix is
dissolved. The Commission will advise all school boards
when dissolution occurs, and give reasonable time for
compliance. Should that be the Court decision.
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.
Thomas MacAniff, Esquire
April 8, 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.
cc: Stephen Russel
PA School Board Association
412 N. Second Street
Harrisburg, PA 17101
Chief Counsel
di
ID RITTENHOUSE MORRISON