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HomeMy WebLinkAbout80-711 HarperSeptember 8, 1980 ADVICE OF COUNSEL Ms. Gladys Harper 80 - 711 5260 Centre Avenue Pittsburgh, PA 15232 RE: Financial Statement -- Appointed; Unpaid; Confirmed Dear Ms. Barpert Issue: You had asked the Commission whether you were required to file a Financial Interest Statement and in that filing be required to list information about your husband who is a Judge of the Court of Common Pleas of Allegheny County. Facts: You presently hold an appointed and non- compensated position which required confirmation by the Senate. By telephone on September 5, 1980 you told the Commission's Executive Director that your term of offices runs until 1983. Discussion: On August 20, 1980 the Commission issued Opinion No. 80 -037 which stated "it is the Commission's opinion that members of advisory boards that do not have authority to expend public funds and appointed officials who receive no compensation other than reimbursement for actual expenses are required to file a Financial Interest Statement prior to confirmation as required by Section 4(c). Subse- quent to confirmation, members of such advisory boards and non - compensated appointed officials are not required to file an annual Statement of Financial Interest." Conclusion: You are not required to file a Statement of Financial Interest annually but will be required to file if you are renominated subject to re- confirmation. Ms. Gladys Harper September 8, 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. This letter is a public record and will be made avail- able as such. Finally, if you disagree with this advice or if you have any reason to challenge same, you may request that the full Commission review this advice. A personal appearance before the Commission may be scheduled and a formal opinion from the Commission will be issued. You should make such a request or indicate your disapproval of this advice within the next 30 days. SSC/rdp Sincerely, Sandra S. Christianson General Counsel