HomeMy WebLinkAbout80-643 HollandTimothy J. Holland
Deputy Counsel
Office of the Auditor General
Commonwealth of Pennsylvania
Dear Mr. Holland:
PJS /rdp
1 �
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
May 30, 1980
ADVICE OF COMMISSION
AUL J. ITH
Chairma
Advice #80 -643
On March 12, 1980, you asked whether field auditors I, II,
II, IV, and V employed by the Office of the Auditor General
come under the definition of public employee as defined in Act 170.
The definition of public employee in Act 170 includes persons who
,are involved in "inspecting, licensing, regulating or auditing
(emphasis added) any person." All persons in the classes which
you mentioned are involved in the examination of books and financial
records of governemntal agencies or private businesses and are
public employees as that term is used in Act 170. As public employees,
they are reguired to file Financial Interest Statements with their
agency by May 1 of each year in which they hold a position and one
year after they leave such a position.
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.