HomeMy WebLinkAbout80-642 HarrisonFrank G. Harrison
Rosenn, Jenkins & Greenwald
15 South Franklin Street
Wilkes- Barre, PA 18711
Dear Mr. Harrison:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
May 30, 1980
ADVICE OF COMMISSION
#80 -642
On August 28, 1979, you asked whether 'a practicing
attorney who is employed, on a part -time basis, as a law
clerk to a judge in the Orphans Court Division of the County
Court of Common Pleas is required to file a Statement of
Financial Interest' under Act 170.
Section 2 of the Act defines a public employee as one
who recommends or takes final action in certain specified
functional areas.
A law clerk does not recommend or take final action in
these areas, therefore, is not considered a "public employee"
as that term is defined in Act 170. Persons in these positions
are not required to file Financial Interest Statements under
Act 170.
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.
PJS /rdp
You may appeal this advice to the full Commission.
This letter is a public record and will be made available
as such.
i
PAUL J.
Chairman
(MITH