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