HomeMy WebLinkAbout82-503 PealeMr. Michael O'Hara Peale, Jr.
12 East Butler Avenue
P.O. Box 119
Ambler, PA 19022
Dear Mr. Peale:
Mailing Address:
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
January 22, 1982
ADVICE OF COUNSEL
82 -503
RE: Applicbility of Act 170 to Treasurer - Third Class
School District - Section 4
This letter responds to your request of November 10,
1981, as solicitor of the Wissahickon School District, for
advice from the State Ethics Commission.
Issue: Is a treasurer of a Third Class School District a
public employee or public official under the Ethics Act and
is he or she thus required to file a Statement of Financial
Interests?
Facts: The Wissahickon School District, for which you are
solicitor, is a third class school district. As stated in
the Public School Code of 1949, 24 P.S. §4 -439, the duties
of the treasurere include receiving all state appropria-
tions, district school taxes, and other school district
funds. The tresurere makes payments upon approval of the
Board, using order prepared and signed by the secretary and
the president of the Board. The payments apply amounts
owing under any contracts that have been approved previously
by the Board.
The treasurer also deposits funds in the depository and
reports monthly to the school controller and the secretary
of the Board. All deposits are entered in the name of the
School District. The Board may authorize the treasurer to
make particular investments of school district funds. 24
P.S. §4- 440.1. The treasurer's accounts are audited _
annually; his or her compensation is set by the School
Board.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Mr. Michael O'Hara Peale, Jr.
January 22, 1982
Page 2
An elected officer of the School Board, the treasurer
of a third class school district is chosen by the school
directors and may be a member of the Board. 24 P.S. §4.404
Board approval of the treasurer's bond is a pre - requisite to
his or her taking office. 24 P.S. §4 -436.
Discussion: A school district treasurer of a Third Class
District is not a "public employee" as defined by Section 3
of Act 170. The treasurer is, however, a "public official"
within the meaning of Act 170 and regulations promulgated
thereunder and is thus subject to all requirements and
restrictions imposed by the Act. See 51 Pa. Code §1.1,
definition of "public official." Among the requirements is
that of filing a Statement of Financial Interests. 65 P.S.
§401 et seq.
As permitted by 24 P.S. §4 -404, the Third Class School
District Treasurer may be a member of the District Board of
School Directors. If this occurs, the Treasurer is a public
official by virture of his or her directorship as well as by
his or her office.
Separate from this consideration, the treasurer also
falls within the definition of public official through the
Section 440.1 power to make temporary investment of school
district funds. Using that investment power, the treasurer
"exercises the power of the state or any political subdivi-
sion thereof," 65 P.S. §402, vis -a -vis his or her elected
office.
Finally, the treasurer's position as a public official
within the meaning of Act 170 is further confirmed upon
receiving Board selection /approval under 24 P.S. §436. That
section conditions the performance of his or her official
duties on the Board's approval of a bond.
Conclusion: The treasurer of the Wissahickon School District
is a public official for purposes of the Ethics Act. As a
public official, the treasurer must comply with the Act's
provisions, that are set forth in 65 P.S. §401 et seq.
Thus, he must file a Statement of Financial Interests with
the governing authority at the local level. He must file a
statement for each year in which he serves as treasurer, no
later than May of each year. He must also file before May
1 of the year after he weaves his office as treasurer.
Mr. Michael O'Hara Peale, Jr.
January 22, 1982
Page 3
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.
BF /rdp
S'ncerely,
WAX ....0 I
andra S. ' ristianson
General Counsel