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HomeMy WebLinkAbout80-713 SolomonJack E. Solomon Assistant Attorney General 1400 Allegheny Building Pittsburgh, PA 15219 Dear Mr. Solomon: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 September 8, 1980 ADVICE OF COUNSEL 80 -713 Re: Financial Statement -- Trustee; Appointed; Unpaid Issue: On June 19, 1980 you askec: the Commission for an opinion on the applicability of the reporting disclosure requirements of the Ethics Act to State College and University Trustees. Facts: You noted that they receive no compensation other than reimbursement for actual expenses anci are appointed subject to Senate confirmation. These persons are governed by 24 P—S. 20-2008.1 to 2008.3. 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 Statement of Financial Interest prior to confirmation as required by Section 4(c). Subsequent to confirmation members of such advisory boards and non - compensated appointed officials are not required to file an annual Statement of Financial Interests." Conclusion: Members of State College and University Boards and Trustees who are appointed, subject to Senate confir- mation and uncompensated members are required to file Financial Interest Statements only at the time of their nomination and confirmation. Jack E. Solomon 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 Si cerely, ire Sandra..._S--C �•istianson General Co sel