HomeMy WebLinkAbout82-513 FugeMr. Lloyd H. Fuge
419 St. Clair Avenue
Clairton, PA 15025
Dear Mr. Fuge:
Mailing Address:
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
February 16, 1982
ADVICE OF COUNSEL
82 -513
RE: (1) Section 4; Place of Filing; School Directors;
Joint School
(2) Applicability, Act 170 Filing; Unpaid Township
Authority Members.
This responds to your letter of December 8, 1981 in
which you, as Solicitor for various public bodies, requested
advice from the State Ethics Commission.
Issues: Does the Ethics Act require each of 90 School
Directors in a 10- school joint school system to file a
second Statement of Financial Interest with the Secretary of
the Joint School, if each has previously filed a statement
in his or her respective "home" School District?
In light of the recent Supreme Court decision relating
to school directors, must unpaid members of School Authorities
and /or unpaid members of Municipal Authorities, Boards and
Commission file a Statement of Financial Interests?
Facts: You are Solicitor for various public bodies in the
Clairton Area. Among those bodies are a Joint School, which
consists of 10 local school districts, that operates a
program for exceptional children, and a Joint School, also
consisting of 10 local school districts, that operates a
technical school. You question the requirements concerning
where Directors for these Joint Schools must file their
Financial Interest Statements.
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Mr. Lloyd H. Fuge
February 16, "
Page 2
You are also solicitor fc: several municipal entities,
including unpaid members of School Authorities, a Planning
Commission, a Zoning Crmmission, and a Recreation Authority.
You recognize the existence )f the recent decision by the
Pennsylvania Supreme Court relating to S ^hool Directors and
question its ultimate affect on the filing requirement for
the above - mentioned uncompensated officials and for others
in analogous positions of public trust.
Discussion: The Ethics Act, 65 P.S. §401 et seq. requires
that a public official within its jurisdiction file a State-
ment of Financial Interests with the governing authority of
the political subdivision by which he is associated no later
than May 1 of each year that he holds such a pc:sition and_of
the year_ after he leaves such a position.. 65 P.S. §401. A
person may, concurrently, be a public official in more than
one political subdivision or be associated with more than
one governmental body. When this occurs, multiple filing is
required. See 51 Pa. Code 4.3(d).
School Directors are public officials as defined by the
Ethics Act. Kotulak, 79 -524 and Snider v. Thornburgh, 436
A.2d 589 (1981). Where a Director serves on a Board of
Directors for a Joint School District and on a Board of
Directors for a "home" local school district, he serves in
two distinct entities -- the joint district and the local
district. Thus, the Ethics Act requires that he file a copy
of his Statement of Financial Interest with each entity.
In response to your questions about the filing require-
ments of unpaid members of various municipal authorities,
please refer to the enclosed copy of the Advice of Counsel
issued in Corapi, 81 -644.
The recent decision in Snider v. Thornburgh, Supra
ostensibly resulted in the alteration of the definition of
"public official." The definition may no longer exlude from
its coverage appointed non- compensated officials. The
Commission is in the process of reviewing and implementing •
this portion of the Snider decision, which may affect members
of School Authorities, Planning Commissions, Zoning Commissions,
Recreation Authorities, etc. The Commission is undertaking
an overall implementation program in this area. If the
above - mentioned uncompensated persons will be required to
file, they will receive separate filing instructions well in
advance of the May 1, 1982 filing deadline.
Conclusion: School Directors who serve on Boards in more
than one district, such as in a Joint School District and a
local School District, must file a copy of their Statement
with each entity where they serve -- their "home" district
and with the Joint School or vo -tech school.
Mr. Lloyd H. Fuse
February 16 1982
Page 3
Appointed, uncompensated members of various _ocai
authorities may now be included in the Ethics Act definition
of public official. The Commission's review and possible
implementation of this recent Court case and possible change
is currently underway. If the implementaion of the Snider
decision includes requiring these appointed, unpaid members
to file Statements of Financial Interests, the Commission
will issue separate filing instructions to them well in
advance of the May 1, 1982 filing deadline.
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.
Attachment
BF /rdp
Sincerely,
andra S. " ristianson
General Counsel