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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 mi th