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HomeMy WebLinkAbout79-036 LevinNorman L. Levin, Esquire Brugler &Levin 10 South Wayne Street Lewistown, PA 17044 Dear Mr. Levin: STATE ETHICS COMMISSION HARRISBURG, PA. July 9, 1979 79 -036 In your letter of February 15, 1979, you requested an opinion from the State Ethics Commission concerning whether School Directors and School Solicitors are covered by Act 170 of 1978. Act 170 applies to "public officials" and "public employees" of the Commonwealth or a political subdivision. The Act does not define the term "political subdivision ". The Statutory Construction Act, 1 Pa. C.S.A., Section 1991 (Supp. 1978) defines "political subdivision" as any "county, city, borough, incorporated town, township, school district, vocational school district and county institution district ". It is the Commission's opinion that solicitors for school districts are "public employees" of a "political subdivision ". Section 4 of the Act requires "public officials" and "public employees" to file statements of financial interests. Pursuant to Section 4(a) of the Act, a public employee of a political sub- division is required to "file a statement of financial interest with the governing authority of the political subdivision by which he is employed no later than May 1 of each year that he holds such a position and of the year after he leaves such a position." The effective date of Section 4(a) of the Act requires that each candidate for public office "file a statement of financial interest for the preceding calendar year with the Commission prior to filing a petition to appear on the ballot for election as a public official." Candidates for elective office between August 1, 1979 and January 1, 1980, must file financial disclosure statements at least 60 days prior to the regular election or 15 days prior tt a special election. Norman L. Levin, Esquire July 9, 1979 Page Two Thereafter, the statements the Commission prior to fi as noted above. This letter is a able as such. State Ethics Commission 308 Finance Building Harrisburg, PA 17120 (717) 783 -1610 of financial interest are filed with ling a petition to appear on the ballot public record and will be made avail- Sincerely, 1Paul,/ . 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 (Seelbaker) is pending. UPDATE: School Directors — A Pennsylvania Supreme Court ruling upheld the fact that school directors are covered by the Ethics Act, (170- 1978); and therefore required to file Financial Interest Statements. See 436 A.2d 593. A subsequent suit has been filed in which questions of spousal privacy and disclosure are raised. The Common- wealth Court (No. 273 C.D. 1981, filed 3/21/83) upheld the Ethics Act against these arguments by school direc- tors and their spouses. This case is currently pending before the Pennsylvania Supreme Court and the lower court has stayed its decision pending such appeal. The result is that with final disposition by the Supreme Court, school directors need not provide spousal financial data on their Financial Interest Statement.