HomeMy WebLinkAbout80-676 HickeyDear Mr. Hickey:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
June 23, 1980
ADVICE OF THE COMMISSION
Douglas L. Hickey, Jr. Advice #80 -676
Executive Director
Montgomery County Industrial Development Authority
Suite 100 Blue Bell West, 650 Skippack Pike
Blue Bell, Pennsylvania 19422
On April 25, 1980, you asked whether as the appointed
non - compensated Executive Directo of the Montgomery County
Industrial Development Authority you were required to file
a Financial Interest Statement.
Section 2 of Act 170 excludes, in the definition of
public official, those persons who are appointed and not
compensated.
In addition we are currently enjoined by Commonwealth
Court from requiring any persons connected with authorities
to file Financial Interest Statements.
Because you serve without compensation and are appointed,
you could not be considered either a public official or a public employee
as those terms are used in Act 170 and would not be required
to file a Financial Interest Statement. I am returning your
form to you.
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 /nia
Enclosure
AUL J. S
Chairman