HomeMy WebLinkAbout81-547 JenkinsPatricia H. Jenkins, Esquire
One Olive Street
Media, PA 19063
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
April 10, 1981
ADVICE OF COUNSEL
81 -547
RE: Municipal Authority Members, Financial Interest State-
ments
Dear Attorney Jenkins:
This responds to your letter of March 31, 1981 in which
you, as Solicitor for the Delaware County Authority, requested
advice from the Ethics Commission.
Issue: You requested advice as to whether the members of
the Delaware County Authority are required to file statements
of financial interest.
Facts: You advised that the members of the Delaware County
Authority (hereinafter the Authority) are appointed by the
members of the Delaware County Council. The members of the
Authority serve for staggered terms and are not compensated
for their service. The members of the Authority are
reimbursed on an actual mileage basis for travel undertaken
as part of their duties as members of the Authority.
Discussion: The Commonwealth Court has recently issued an
Opinion in the case of Forney vs. State Ethics Commission,
No. 1003 C.D. 1980, filed February 10, 1981. In this case
the Commonwealth Court clearly concluded that "the paid
members of Municipal Authorities are appointed officials of
the state," and they are required to "comply with the
financial dislcosure provisions of the Ethics Act." However,
you will note that the Commonwealth Court only indicated
that "paid" members of Municipal Authorities are required to
file such statements.
SSC /rdp
Accordingly, the Ethics Commission concludes that those
members who are not compensated, other than reimbursement
for actual expenses, as provided for in the original defini-
tion of "public official" in the Ethics Act, 65 P.S. 402,
need not file Financial Interest Statements. If such
members are paid, that is, receive compensation other than
reimbursement for actual expenses, these members would have
to file Financial Interest Statements. Otherwise, no filing
would be required under the facts as you set forth.
Conclusion: Municipal Authority members who receive no
compensation other than reimbursement for actual expenses
need not file Financial Interest Statements.
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.
dra S. ChrXstianson
General Coui e1