HomeMy WebLinkAbout80-705 GrodeGeorge F. Grode,
Executive Director
Pennsylvania Commission on Crime
and Delinquency
P.O. Box 1167, Federal Square Station
Harrisburg, PA 17108
Dear Mr. Grode:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
August 22, 1980
ADVICE OF THE COMMISSION
80 -705
On August 18, 1980 you asked about the necessity for filing
a Financial Disclosure form by members of your Commission who
are entitled to receive the statutory $75 per diem but who choose
not to accept it.
The definition of public official in Section 2 of Act 170
excludes persons who are appointed and not compensated or who
serve on advisory boards that have no authority to expend public
funds other than reimbursement for personal expense, or to other-
wise exercise the power of the State or any political subdivision
thereof. The Commission believes these exclusions apply to the
position and an individual cannot exclude himself or herself from
coverage of the Act by deciding not to accept the compensation
rightfully due for serving in an office.
You are advised that members of your Commission who are
entitled to receive the statutory $75 dollars per diem are re-
quired to file a Financial Disclosure statement under Act 170.
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
George F. Grode
August 22, 1980
Page 2
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 /nia
You may appeal this Advice to the full Commission.
AUL J. ITH
Chairma