HomeMy WebLinkAbout81-577 CaputoSTATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
June 11, 1981
ADVICE OF COUNSEL
Charles N. Caputo 81 -577
Executive Director
Democratic State Government Committee
House of Representatives
Harrisburg, PA 17120
RE: Section 4, Statement of Financial Interest
Dear Mr. Caputo:
This responds to your letter of April 21 1981, in which
you requested an opinion from the Ethics Commisson.
Issue: You requested advice as to whether you are required to
file a Statement of Financial Interests.
Facts: You are a lawyer practicing in the federal and Pennsyl-
vania courts. You also represent clients before various
Pennsylvania administrative agencies. In addition to the
practice of law, you are employed by the Pennsylvania House of
Representatives as Executive Director of the House Minority
State Government Committee. As Executive Director you review
and analyze House Bills and Resolutions.
Discussion: The Ethics Act, 65 P.S. §401 et seq., defines
public employee as any individual employed by the Commonwealth
who is responsible for taking or recommending official action
of a non - ministerial nature with regard to regulating any
person or any other activity where the official action has an
economic impact of greater than a deminimus nature on the
interests of any person. Id at §402. The regulations of the
Commission indicate that Executive Directors are generally
considered to be within the definition of public employees.
As an analyst of bills and resolutions, you recommend
action of a non - ministerial nature with regard to statutes that
regulate persons or that have a greater than de minimus impact
on the economic interests of any person. As the Executive
Director of the Democratic State Government Committee you are a
public employee. Public employees are required to file State-
ments of Financial Interest as mandated by Section 4 of the
Act, 65 P S. §404.
Charles N. Caputo
June 11, 1981
Page 2
Conclusion: The Executive Director of the Democratic State
Government Committee is a public employee. As a public employee
you must file a Statement of Financial Interests. A Financial
Interest Statement form is enclosed. This must be filed with
the office designated by your agency /governing authority within
fifteen (15) days of this Advice.
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 tacts 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 15
days.
SW /rdp
Enclosure
Sincerely,
n ra
General Co.n'sel