HomeMy WebLinkAbout81-616 MaierDear Mr. Maier:
Mailing Address:
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
September 3, 1981
ADVICE OF COUNSEL
Eugene Edward J. Maier, Esquire
Office of the City Commissioners
City of Philadelphia
Suite 132 City Hall
Philadelphia, Pennsylvania 19107
RE: Financial Interest Statements
81 -616
This responds to your communication of July 17, 1981 in
which you requested advice from the State Ethics Commission.
Issue: You request advice as to whether you must file a
Financial Interest Statement.
Facts: You currently serve as Chairman of the City
Commissioners of the City of Philadelphia. You are also an
attorney who engages in the private practice of law and you
indicate that you "occassionally" serve as an attorney for
the agency in question, that is the Office of the .City
Commissioners.
Discussion: Assuming that you are a public official who is
otherwise required to file a Financial Interest Statement
under the Ethics Act you question whether you are required
to file this statement due to the fact that you are a member
of the Bar of the Supreme Court of Pennsylvania and you
occassionally render legal opinions to the agency. The
Commonwealth Court of Pennsylvania has ruled that it is
unconstitutional to apply the financial reporting and
disclosure provisions of the State Ethics Act to public
officials and /or public employees who are serving as
attorneys. See Ballou vs. State Ethics Commission,
Pa. Cmwlth. , 424 A.2d 983 (1981). However, the fact
is that you are not serving as an attorney in your position
as Chairman of the City Commissioners. On the face of this
matter you are not serving the agency as an attorney as part
of your official responsibilities, although you may inciden-
tally render legal advice or opinions to the agency because
you are qualified to do so by virtue of the fact that you
are a member of the Pennsylvania Bar.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Euguene Edward J. Maier, Esquire
September 3, 1981
Page 2
However, until further examination of the Ballou case
has been completed by the Pennsylvania Supreme Court, the
Commission has construed the holding of the Ballou matter to
be limited to the final Order issued therein. You have
already been supplied with a copy of that final Order.
Conclusion: As a public official otherwise within the
purview of the Ethics Act, serving in a capacity other than
as an attorney, you are required to complete a Financial
Interest Statement. A Financial Interest Form is attached
to this Advice. This should be completed within 15 days of
receipt of this Advice. Please file the original with your
agency, submit the yellow copy to the State Ethics Commission
and retain the green copy for your records.
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
Attachment
Sincerely,
4ndra
General
hristianson
ounsel