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HomeMy WebLinkAbout82-521 CoploffMailing Address: STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 February 22, 1982 ADVICE OF COUNSEL Mr. Larry E. Coploff 82 -521 226 E. Water Street Lock Haven, PA 17745 RE: Filing Requirements; Lock Haven Civil Service Commission Dear Mr. Coploff: This responds to your requests of December 30, 1981 in which you, as a member of the City of Lock Haven Civil Service Commission, requested advice from the States Ethics Commission. Issue: In light of the Supreme Court's decisions including unpaid appointed officials within the provisions of the Ethics Act, and as you further suggest, the Court decisions excluding attorneys from its provisions, must an attorney who fills an appointed municipal position unrelated to his role as an attorney file a Statement of Financial Interests? Facts: In early December, 1981, the Lock Haven City Council appointed you to a position on the Lock Haven Civil Service Commission (hereinafter, the Commission). Although the position has traditionally been held by an attorney, member- ship in the Bar is not a statutory prerequisite to appointment. Your question about the affect of the recent Supreme Court ruling including unpaid appointed officials within the provisions of the Ethics Act upon filing requirements suggests that the position you now hold on the Commission is an uncompensated one. We will assume this position is uncompensated. Discussion: The Ethics Act, 65 P.S. §401 et seq., governs the conduct of public employees and public officials in the branches of state government and political subdivisions of the Commonwealth. State Ethics Commission regulations and Court decisions, however, have both addressed the applica- tion of the Act to various individuals. Recent opinions of the Commonwealth and Supreme Courts of Pennsylvania, to which you refer in your opinion, continue to impact upon that applicability. State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Mr. Larry E. Coploff February 22, 1982 Page 2 Because the Lock EPven ;;ity statutes do that the Civil Service Commission position that ycu currrrently hold be held by an attorney, your being a- attorney is irrelevant to your responsibility, i;; to filing a Statement of Financial Interests. .Litiga , i.;,q, relative to the question of whether attorneys may be : ubject to the financial reporting and disclosure provisions of the Ethics Act spoke only to attorneys serving as attorneys and no Court ruling exempted attorneys, in general, serving in non attorney roles (who were otherwise subject to the Ethics Act) from compliance with the Act's requirements. See Ballou v. State Ethics Commission, 56 Pa Commonwealth 240, 424 A.2d 983 (1981) and the final Orden issued in the Commonwealth Court therein as well as tha came case on appeal to the Pennsylvania Supreme Court at 436 A.2d 186 (1981). Indeed, the only "exemption" relcAing to attorneys granted under the Ballou ruling was a statutory - definition exemption to the effect that part -time solicitors do not fall within the parameters of the definition of ":ublic employee" or "public official." Therefore, you would not be exempt from the filing requirements of the Ethics Act simply because you are an attorney, if the position you hold with the Commission would otherwise be covered by the Ethics Act. We discuss this question next. Assuming the Commission position is a non - compensated one, a recent Supreme Court decision may directly affect you, as an unpaid, appointed official, and your duty to file under Section 4 of the Act. The decision in Snider v. Thornburgh, Pa. 436 A.2d 593 (1981) may have resulted in the alteration of the definition of "public official" by removing the exclusion relating to appointed noncompensated officials. The Commission is in the process of reviewing this position of the Snider decision which may affect the members of the Lock Haven Civil Service Commission. The Ethics Commission is undertaking an overall review and possible implementation policy in this area. If you, as a member of the Lock Haven Civil Service Commission will be required to file a Statement of Financial Interests, you will receive further instructions. At present, the State Ethics Commission does not intend to implement any additional filing requirements in advance of the May 1, 1982 filing deadline. We will be working on regulations which may implement such requirements, but until these are effective as an unpaid member of the Commission, you will not be required to file a disclosure statement. Mr. Harry E. Coploff February 22, 1982 Page 3 I have attached a copy of the Advice of Counsel issued in Corapi, No 81 -644, as it responds to the question raised in your letter. Conclusion: Your profession as an attorney, does not affect your being subject to or exempt from the fling requirement set by Section 4 oi the Ethics Act where you :verve in a capacity other than as an attorney. If you ar. others?ise required to file, you would be filing not by virtue of l ur being an attorney, but by virtue of your position as a public official on the Civil Service Commission. As an appointed, uncompensated public official on the Lock Haven Civil Service Commission, however, you may be required to file a Statement of Financial Interests as part of the Ethics Commission's implementation of the Snider decision. Please await further instructions or regulations as to your filing status. Should you decide to file volun- tarily, the Ethics Commission will gladly supply forms. 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 Attachment Sincerely, u at/ Sandra S.'C ristianson General Counsel