HomeMy WebLinkAbout82-560 ZeitersADVICE OF COUNSEL
Mr. James R. Zeiters, AICP
Executive Director
Tri- County Regional Planning Commission
Suite 221 - Bldg. #2
2001 North Front Street
Harrisburg, PA 17102
Dear Mr. Zeiters:
Mailing Address:
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
June 29, 1982
82 -560
RE: Tri- County Regional Planning Commission, Filing requirements
This responds to your letter of June 3, 1982 in which you, as the
Executive Director of the Tri - County Regional Planning Commission; requested
advice from the State Ethics Commission.
Issue: Must members of the Tri- County Regional Planning Commission, who are
appointed, unpaid, and without authority to spend public funds other than
reimbursement for actual expenses, required to file Statements of Financial
Interest under the Ethics Act?
Facts: It is the opinion of your solicitor that the appointive nature of the
positions on the Tri- County Regional Planning Commission, coupled with the
lack of both compensation and authority to spend public funds, exempts the
members of the Commission from the need to file Statements of Financial
Interests under 65 P.S. 402.
Discussion: The single greatest factor which influences our answer to your
question is the decision in Snider v. Thornburgh, Pa. 436 A.2d 593
(1981), which may well prove to have altered the definition of "public
official" by removing the exclusion which thereto applied to appointed non -
compensated officials. The Commission has not yet completed its review of the
decision, a review which may eventually necessitate the promulgation of regu-
lations to cover the principles enunciated in the decision. Neither you
nor any other member of the Commission will be under any obligation to file a
disclosure statement until these new regulations are promulgated or take
effect. You will be fully instructed as to your duties and responsibilities,
if any, under these new regulations, in sufficient time to enable you to
comply with them.
It should be added that the thrust of Commission policy in recent
year has been toward a broad, but fair interpretation of the coverage of the
Act, with a corresponding reduction of exemptions from the need to file State-
ments of Financial Interest. The Commission's decision in Bert, 80 -013, and
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Mr. James R. Zeiters, AICP
June 29, 1982
Page 2
Corapi, 81 -644, which found "coverage" under the Ethics Act as to redevelop-
ment authorities, and the Commonwealth Court's decision in Forney v. State -
Ethics Commission, 425 A.2d 66 (1980), which did the same for municipal
authorities, are examples of this trend. While these rulings did not answer
the specific question of appointed, non - compensated board members filing, they
do indicate the basic thrust that "coverage" is favored over exemption.
Conclusion: Members of the Tri- County Regional Planning Commission may be
within the coverage of the Ethics Act in regard to the filing of Statements
of Financial Interest in the wake of the Snider decision. The Commission will
be glad to furnish the necessary forms, s ould you wish to file voluntarily;
otherwise, you should await further instructions which will be based on a
Commission review of possible regulations or policies for the implications of
the Snider decision.
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.
TD /rdp
Sincerely,
Sandra S. Ch i'stianson
General Cou sel