HomeMy WebLinkAbout80-687 MartinJohn C. Martin, Jr.
Chairman
Board of Supervisors of
Charlestown Township
P.O. Box 76
Devault, PA 19432
Dear Mr. Martin:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
June 24, 1980
ADVICE OF THE COMMISSION
June 5, 1980, you asked for an advisory opinion on
whether members of the Charlestown Township zoning hearing
board must file a Financial Interest Statement under Act
170. You attached an opinion from the solicitor for the
zoning hearing board (William R. Hagner) in which he stated,
"I think that the payments can be justified as expenditures
for gas, wear and tear of any vehicle used as transportation
to and from the meetings, and telephone calls. Accordingly
it is my opinion that you should consider not filing under
Act 170." You noted that the board of supervisors appoints a
three - member board and sets compensation (emphasis added) at
$15 per member per meeting.
Advice #80 -687
Section 2 of the Act exempts any appointed official who
receives no compensation other than reimbursement for actual
expenses. If the board of supervisors pays the $15 per member
per meeting as reimbursement for expenditures, the members of
the board do not have to file a Financial Interest Statement.
If the $15 is compensation - other than reimbursement for
expenses - they would have to file. I suggest that you review
your code and minutes and have the supervisors make an official
determination on the purpose of this payment. The Commission
will abide by your decision and that of any local governing
body unless the amount of payment is so high that it precludes
a reasonable conclusion that it is reimbursement for expenses.
John C. Martin, Jr.
June 24, 1980
Page 2
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 /rdp
AUL J. WITH
Chairma