HomeMy WebLinkAbout80-661 HorgerPaul D. Horger
Oliver, Price & Rhodes
Attorneys At Law
500 United Penn Bank Building
Scranton, PA 18503
Dear Mr. Horger:
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STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
June 2, 1980
ADVICE OF COMMISSION
Advice #80 -661
On March 27, 1980 you asked whether an appointed borough
treasurer and an appointed borough school district wage tax
collector are subject to Act 170 and required to file Financial
" Interest Statements.
The Commission published regulations in the Pennsylvania
Bulletin of April 19, 1980. These regulations further defined
the term "public employee" as used in Act 170. Borough
treasurers would not be required to file a Financial Interest
Statement unless they have been delegated non - ministerial functions
such as deciding where borough funds should be invested.
An appointed wage tax collector is not required to file
a Financial Interest Statement because their activites are
ministerial.
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.
AUL J. $ ITH
Chairman