HomeMy WebLinkAbout80-674 LohrJohn K. Lohr, Director
Bureau of Personnel
Department of General Services
Harrisburg, PA 17120
Dear Mr. Lohr:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
June 6, 1980
ADVICE OF THE COMMISSION
Advice #80 -674
On May 23, 1980, you wrote that "some department employees
are requesting notification on an immediate after - the -fact basis,
of an inquiry made for their financial disclosure forms."
Section 4(f) of the Act says "all statements of financial
interests filed pursuant to the provisions of this Act shall
be made available for public inspection and copying during
regular office hours." The law nor our regulations require that
persons who wish to inspect or have copies of Financial Interest
Statements must disclose their names. Therefore, there is no
support for this requirement and you are advised that you cannot
refuse public inspection or copying if persons do not disclose
their names. The Act also does not provide a basis for notifying
employees that their Financial Interest Statement has been
reviewed. If the persons inspecting and or copying the forms
provide this information on a voluntary basis you may, of course,
inform the employee.
You are advised that all forms must be available for public
inspection and copying and you cannot require the person requesting
that service to disclose their name.
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.
This letter is a public record and will be made available
as such.
PJS /rdp
You may appeal this advice to the full Commission.
GZ '
' AUL J.
Chairm.