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HomeMy WebLinkAbout79-034 KingJ. Michael King, Esquire Box 158 Emlenton, Pennsylvania 16373 Dear Mr. King: STATE ETHICS COMMISSION HARRISBURG, PA. July 9, 1979 79 -034 In your letter of February 22, 1979, you requested the State Ethics Commission to furnish you an advisory opinion pur- suant to Section 7(9)(i) and (ii) of Act 170 of 1978. In your letter you explained that you are solicitor for a number of second class townships and that the attorney with whom you are associated acts as solicitor for the Borough of Emlenton, Venango County. You indicated that your annual retainer with the townships is less than $500.00 but that for services above attendance at meetings and routine advice, total compensation exceeds $500.00 per year. You also explained that the attorney with whom you are associated receives in excess of $500.00 a year for representing the Borough of Emlenton. It is the Commission's opinion that township solicitors are "public employees" of a "political subdivision" under Act 170 and therefore required to file a statement of financial interests pursuant to 4 of the Act. Act 170 does not prohibit simul- taneous representation of more than one political subdivision. While Section 3(c) of the Act prohibits a "public employee" from entering into "any contract valued at $500.00 or more with a govern- mental body unless the contract has been awarded through an open and public proces. . . ", it is the Commission's opinion that Section 3(c) is a limitation on a public employee's ability to contract with the governmental body with which he is associated. You are a "public employee" only of those governmental bodies employing you. Therefore, the notice requirements of Section 3(c) are not applicable to initial employment by new governmental bodies. You would become a "public employee" of each body im- mediately upon your employment. From that time forward, all contracts between you and any governmental body with which you are already employed must meet the notice requirements of Section 3(c) of the Act. J. Michael King, Esquire July 9, 1979 Page Two In regard to your question concerning the status under Act 170 of a secretary to the supervisors of a second class township, the Commission is in need of additional information concerning the functions of the secretary as they relate to the definition of "public employee" contained in Act 170. Upon receipt of this information, the Commission will issue an ad- visory opinion. Please be advised that the Commission is in the process of drafting regulations concerning the awarding of contracts pur- suant to Section 3(c) of the Act. The Commission will furnish you a copy of the regulations when approved. This letter is a public record and will be made available as such. State Ethics Commission 308 Finance Building Harrisburg, PA 17120 (717) 783 -1610 Sincerely, Ar "Paul J' Smith Chairman UPDATE: A Pennsylvania Supreme Court ruling (436 A.2d 186) dealt with a similar factual determination. The court rul- ing states that all part -time solicitors to political subdivisions are neither public employees nor public officials within the scope of the Ethics Act. Consequently, the Ethics Commission has no jurisdiction over solicitors to political subdivisions. The court ruling did not address this particular opinion, but the factual circumstances may be applied to it. A case dealing with the question of application of this court ruling to school board solicitors (Snelbaker) is pending.