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HomeMy WebLinkAbout81-537 KistlerSTATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 April 2, 1981 ADVICE OF COUNSEL Robert Kistler, Esq. Miller, Kistler & Campbell, Inc. 1500 South Atherton Street State College, PA 16801 81 -537 RE: Solicitors, Ballou Dear Mr. Kistler: This responds to your communication of ,March 31, 1981. Issue: In your communication you requested formal advice as to the applicability of the Ethics Act to you and members of your firm. Facts: You indicated that you and members of your firm represent a number of townships, boroughs, authorities, and the county as solicitor. Discussion: As you are aware the Commonwealth Court has issued a decision in the Ballou v. State Ethics Commission , Pa. Cmwlth. , 424 A.2d 983 (1981) case. This case clearly indicates that attorneys who are serving as solicitors for various municipalities may not, at present, be constitutionally required to file statements of financial interest under the Ethics Act. While this case is currently on appeal to the Supreme Court the Commission will not, in the interim, require compliance with the financial reporting and disclosure provisions of the Ethics Act. Incidently, the Court reached this same decision in relation to solicitors serving municipal authorities. See Forney v. State Ethics Commission, No. 1003 C.D. 1980 (filed February 10, 1981). Accordingly, you and members of your firm will not be required to file Financial Interest State- ments on or before May 1, 1981. Unless and until the decision of the Commonwealth Court is overruled in this matter, these reporting requirements will be inapplicable on the facts you present. Robert Kistler, Esq. April 2, 1981 Page 2 Conclusion: You may advise your clients that the Ethics Commission will abide by the above - referenced Court decisions until and unless these decisions are reversed on appeal. The rulings of the Commonwealth Court clearly indicate that you and members of your firm who serve town- ships, boroughs, authorities, and counties, as solicitors . are not subject, at present, to the financial reporting and disclosure provisions of the Ethics Act. 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 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 Sin,erely, /Va 46 a 1-7-- ) /Sandra S. ristianson General Counsel