HomeMy WebLinkAbout80-732 GrantzMrs. Patricia Grantz
Secretary, West Leechburg Borough
1015 Plazak Street, R. D. 4
Leechburg, PA 15656
Dear Mrs. Grantz:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
November 18, 1980
ADVICE OF COUNSEL
80 -732
This is in response to your letter of October 2, 1980.
Issue: You requested an opinon on behalf of the Borough of
West Leechburg regarding the requirement of the Health
Officer of that Borough to file a Statement of Financial
Interest.
Facts: This officer is an appointed public official by the
Borough Council. The officer receives no compensation other
than reimbursement for actual expenses.
Discussion: Chapter 2 of Act 170 states that any appointed
official who receives no compensation other than reimbursement
for actual expenses is exempt from the requirement of filing
a Statement of Financial Interest.
Conclusion: The Health Officer is not a public official as
that term is used in Act 170 and is not required to file a
Statement of Financial Interest.
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.
Mrs. Patricia Grantz
November 18, 1980
Page -2-
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 Couuuission 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 /jc
Sincerely,
ndra S. r ' :' ianson
General Coun -1