HomeMy WebLinkAbout79-020 SnyderDonald J. Snyder, Jr., Esquire
Costello & Berk
Attorneys at Law
15 North Main Street
Greensburg, Pennsylvania 15601
Dear Mr. Snyder:
STATE ETHICS COMMISSION
HARRISBURG, PA.
June 26, 1979
79 -020
In your letters of January 13, 1979 and April 11, 1979, you
requested the State Ethics Commission to furnish you an opinion pur-
suant to Section 7(9)(i) of Act 170 of 1978 concerning whether solici-
tors for municipal authorities are required to file a statement of
financial interests pursuant to Section 4 of the Act.
Section 4 of the Act requires "public officials" and "public
employees" of the Commonwealth or a political subdivision thereof to
file statements of financial interests. The Act defines a "public
employee" as
"any individual employed by the Commonwealth
or a political subdivision who is responsible
for taking or recommending official action of
a nonministerial nature with regard to:
(1) contracting or procurement;
(2) administering or monitoring grants or
subsidies;
(3) planning or zoning;
(4) inspecting, licensing, regulating or
auditing any person; or
(5) any other activity where the official action
has an economic impact of greater than de
minimus nature on the interests of any
person."
The term "public official" is defined as any "elected or
appointed official in the Executive, Legislative or Judicial Branch
of the State or any political subdivision thereof. . . ."
Donald J. Snyder, Jr., Esquire
June 26, 1979
Page Two
Act 170 does not define the term "political subdivision ".
The definition of "political subdivision" contained in the Statutory
Construction Act, 1 Pa. C.S.A., Sec. 1991 (Supp. 1978), does not include
municipal authorities. It is the Commission's opinion that municipal
authorities created pursuant to the Act of May 2, 1945, P.L. 382 Sec. 1,
et seq., 53 P.S. Sec. 301 et seq., are not included in the term "political
subdivision" as used in Act 170. Nor does the Commission believe that
municipal authorities are included in the terms "Commonwealth" or "State"
as used in Act 170. As neither employees or officials of a "political
subdivision ", the "State" or "Commonwealth ", it is the Commission's
opinion that solicitors for municipal authorities are not required to
file a statement of financial interests pursuant to Section 4 of the Act.
such.
This letter is a public record and will be made available as
State Ethics Commission
308 Finance Building
Harrisburg, PA 17120
(717) 783 -1610
Sincerely,
Paul J
Chairma
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