HomeMy WebLinkAbout80-640 MayerKathryn Wohlsen Mayer
Assistant City Solicitor
Bureau of Law
Allentown, PA 18101
Dear Mrs. Mayer:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
May 29, 1980
ADVICE OF COMMISSION
Advice #80 - 640
On April 30, 1980, you asked whether the medical director
of the Allentown Health Board must file a Statement of Financial
Interest.
You noted that she had filed a statement for 1979 but
wanted clarification of her "public employee" status under the Act.
The term public employee is defined in Act 170 and was
further defined in the Commission regulations published in the
Pennsylvania Bulletin of April 19, 1980. This requires that a
person must be engaged in those activities cited in the law and
have the authority to take final action or recommend final action
at certain levels.
The job description, which you provided, shows that the
medical director of the Allentown Health Board is not engaged
in the functions of a "public employee" as they are cited in
Act 170 and defined in the Commission regulations.
The medical director of Allentown is not required to file
a Financial Interest Statement unless she should become involved
in contracting, procurement, administering or monitoring grants,
etc., to the level defined in the regulations.
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.
You may appeal this advice to the full Commission.
This letter is a public record and will be made available
as such.
PJS /rdp
AUL J.
Chairman