HomeMy WebLinkAbout80-544 Guest/~ STATE ETHICS COMMISSION
HARRISBURG, PA.
° ADVICE OF CHIEF COUNSEL
February 28, 1980
1.
TO: Arthur R. Guest Advice # 544
R.D. #1, Box 357
Elverson, PA 19520
RE: Financial interest statement filing requirements
of a non- compensated appointed official.,
FACTS:
On November 12, 19791 Mr. Guest, a formel, non -
compensated appointed member of the Municipal
Authority of Union Township, asked whether
he had to file a financial interest statement form.
DISCUSSION:
The initial issue is whether Mr. Guest is covered
by Act 170.
Section 2 of the Act excludes any public official
who was appointed and received no compensation other than
reimbursement for actual expenses.
Mr. Guest was appointed and was not compensated.
.CONCLUSION:
Mr. Guest is not covered by Act 170 and is not.required
to file a statement of financial interest.
Pursuant to Section 7(9)(ii), this'advice is a complete
defense in any enforcement proceeding initiated by the Com-
mission, and evidence of good faith conduct in any other
civil or criminal proceeding, providing the requestor has
disclsosed truthfully all the material facts and committed
the acts complained of in reliance on the advice given.
1
E. Charles Coslett
February 27, 1980
Page 2
CONCLUSION:
The public bidding requirements of the township code meet
the "open and public process" requirement of section 3(c) of
the State Ethics Act. Where the public official is neither an
officer nor a holder of any business interest in his son's business,
and his son is age 37 living apart from the public official's
household, section 3(c) does not apply.
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.
A personal appearance before the Commission and a
formal opinion will be issued upon your request if you
feel this reply does not suffice.
This letter is a public record and will be made
available as such.
DAVID RITTENHOUSE MORRISON
Chief Counsel
bRM /rdp -2