HomeMy WebLinkAbout81-644 CorapiSTATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
RE: Redevelopment Authorities
Dear Mr. Corapi:
Mailing Address:
November 20, 1981
ADVICE OF COUNSEL
John L. Corapi
- Redevelopment Authority of Erie
410 Sumner E. Nichols Building
Erie, PA 16501
This responds to your letter of July 6, 1981 in which
you, as the Executive Director of the Erie Redevelopment
Authority, requested an opinion from the Ethics Commission.
Issue: You asked for advice as to whether employees of
the Erie Redevelopment Authority are required to file
Statements of Financial Interest under the Ethics Act.
Facts: You informed us that the Redevelopment Authority
of Erie was formed under the Urban Redevelopment Law of
1945, Act 385, May 24, 1945 35 P.S. 1701 et seq. Members
of the Authority are appointed by the Mayor of the City
of Erie and serve without compensation, except for reim-
bursement for expenses.
Discussion: The Ethics Act, 65 P.S. Section 401 et seq.,
governs the conduct of the employees of certain agencies
and subdivisions of the Commonwealth. 65 P.S. Section
402. Authorities and their employees are subject to the
Act. Commission regulations provide "Authorities such as
municipal redevelopment and mass transit are subject to
the Act as independent agencies of the Commonwealth."
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
81 -644
John L. Corapi
November 20, 1981
Page 2
51 Pa. Code Section 4.9. The decision of the Ethics
Commission in Bert, 80 -013 was that redevelopment authori-
ties are subject to the Ethics Act. We also note that in
the case of Forney v. State Ethics Commission 425 A.2d 66
(1980) the Commonwealth Court held that municipal authorities
formed under the Municipal Authorities Act, No. 164,
approved May 2, 1945 P.L. 382 are covered by the Act and
that such authorities are entities within the "Commonwealth"
Although your authority is formed under another statute we
cannot discern any difference between your authority and
that in Forney.
Accordingly, some employees of the Redevelopment
Authority are probably "public employees" required to
file Statements of Financial Interest. An individual
falls within the statutory category of "public employee"
if he or she is responsible for taking or recommending
non - ministerial official action with regard to:
(1) contracting or procurement;
(2) administering or monitoring grants or subsidies;
(3) planning or zoning;
(4) inspecting, licensing, regulating or auditing
any person; or
(5) any other activity where their official action
has an economic impact of greater than a de
minimus nature on the interests of any person.
65 P.S. Section 402.
Your agency should initially determine which of your employees
are public employees required to file statements. If the
employee disagrees with your decision he or she may appeal
to the Commission. See 51 Pa. Code 4.9.
Finally, the recent decision in Snider v. Thornburgh,
Pa. , No 51 May Term 1979, filed September 29,
1981 resulted in the alteration of the definition of
"public official" by removing the exclusion relating to
appointed non - compensated officials. The Commission is
in the process of implementing this portion of the Snider
decision which may affect the members of the Authority
John L. Corapi
November 20, 1981
Page 3
themselves. However, the Commission is undertaking an
over -all implementation policy in this area and if Auth-
ority members will be required to file, they will received
separate filing instructions well in advance of the May 1,
1982 filing deadline.
We anticipate that these members will be required to
file. If, in the meantime, these members decide to file
voluntarily, we will be glad to supply forms.
Conclusion: Under the Ethics Act, Commission regulations,
and decisions redevelopment authorities are subject to
the mandate of the statute. Therefore, redevelopment
authority employees who take or recommend non - ministerial
official action with regard to contracting; administering
grants; planning or zoning; inspecting, licensing or
regulating any person or any other activity with a greater
than de minimus economic impact on any persons interest
must file Statements of Financial Interest. The Redevelop-
ment Authority of Erie should determine which of its employees
fall within the scope of this definition and must file.
Appeals from that decision may be taken to the Commission.
Please further instructions as to the filing status
of Authority (Board) members, unless they chose to file
voluntarily.
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 /lma
Attachment
Sincerely,
andra S.
General C