HomeMy WebLinkAbout81-501 EbyRobert J. Eby, Esquire
Steiner & Eby
36 West Main Avenue
Myerstown, PA 17067
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STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
January 6, 1981
ADVICE OF COUNSEL
RE: Public Officials, Uncompensated
Dear Mr. Eby:
This responds to your communication of December 24,
1980.
81 -501
Issue: Your communication requests advice as to whether
members of the Lebanon County Comprehensive Employment and
Training Act (CETA) Private Industry Council (PIC) are
required to file Financial Interest Statements under Act
170.
Facts: The PIC is a council composed of approximately
thirteen members from the local business community. These
members are appointed by the Lebanon County Commissioners.
The primary purpose of the PIC is to involve the private
sector in the design and administration of county CETA
programs. This Council reviews proposed projects and makes
recommendations to the County Commissioners for the approval
of programs and spending of CETA funds. Final approval for
such projects must be received from the Pennsylvania Depart-
ment of Labor and Industry.
The individual members of the PIC are not compensated
for their services, except that they are reimbursed for
actual mileage and expenses incurred in the performance of
their public duties.
Robert J. Eby, Esquire
January 6, 1981
Page 2
Discussion: Act 170 excludes from the definition of "public
official," any member of an advisory board that has no
authority to expend public funds other than reimbursement
for personal expense, as well as those appointed officials
"who receive no compensation other than reimbursement for
actual expenses." Typically, then membbers of PIC would not
fall within the definition of "public official" or "public
employee" who would be required to file annual Statements of
Financial Interests.
If the individuals who are selected for PIC, however,
are nominated by a public official and subject to confir-
mation by a public official or governmental body, Section
4(c) of the Act would require that each of these persons
nominated to the Council file a Financial Interest Statement
for the preceeding calendar year with the Commission and
with the official or body that is vested with the power of
confirmation, at least 10 days before that official or body
shall approve or reject the nomination.
Thus, the individual members of the PIC are not required
to file annual statements of financial interest under the
Act. However, such persons should file one statement prior
to confirmation (the nomination by one person or group,
approved by a second, un- related person or group) as required
by Section 4(c) of the Ethics Act if that is the process by
which they are chosen. See Hollander, 80 -037.
Conclusion: Members of the PIC advisory board who do not
have the authority to expend public funds themselves and
who are appointed officials, who receive no compensation
other than reimbursement for actual expenses, are not
required to file annual Statements of Financial Interest.
These individuals should file a Statement of Financial
Interest prior to confirmation, however, if applicable, as
required by Section 4(c) of the Act. No futher filings
would be required, however, subsequent to confirmation,
unless a member is re- nominated for re- appointment or re-
confirmation.
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.
Robert J. Eby, Esquire
January 6, 1981
Page 3
This letter is a public record and will be made available
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
Sinperely,
andra S. ,Christianson
General Counsel