HomeMy WebLinkAbout81-552 BealerM. Rita Bealer
Secretary /Treasurer
New Hanover Township
Municipal Building
2943 N. Charlotte Street
Gilbertsville, PA 19525
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
April 15, 1981
ADVICE OF COUNSEL
81 -552
RE: Municipal Authorities
Dear Secretary /Treasurer Bealer:
This responds to your communication of March 31, 1981.
Issue: You request information as to whether Municipal
Authority Members must file Statements of Financial Interest
under the Ethics Act.
Facts: You indicate that the members of your Sewer Authority
are appointed but receive no compensation (other than
reimbursement for actual expenses). These members do,
however, make decisions as to how federal grant monies are
to be spent on the construction of sewage systems.
Discussion: The Commonwealth Court in the case of Forney v.
State Ethics Commission, Pa. Cmwlth. Ct., , A.2d
(No. 1003 C.D. 1980) decided that Municipal Authorities
are generally within the coverage of the Ethics Act. However,
this same decision indicated that "paid" members of Municipal
Authorities would be required to file Statements of Financial
Interest. Thus, it is clear that if the Authority Members
are unpaid, except for reimbursement for actual expenses,
they would not be required to file Financial Interest State-
ments under the Ethics Act.
Conclusion: Unpaid members of Municipal Authorities, that
is, members who receive no compensation other than reimburse-
ment for actual expenses, are not required to file Financial
Interest Statements with the State Ethics Commission under
the State Ethics Act.
M. Rita Bealer
April 15, 1981
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
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
Sincerely,
/ , I
andra S. C
General Co.
istianson
nsel