HomeMy WebLinkAbout79-057 DamianTO:
RE:
FACTS:
DISCUSSION:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
OPINION
October 17, 1979
August C. Damian, Solicitor
Municipality of Penn Hills
Grant Building
Pittsburgh, PA 15219
Financial Interest Statement requirements of a
person appointed to elected office
(municipal council)
79 -057
On February 16, 1979, August C. Damian, Esquire,
Solicitor for the municipality of Penn Hills, inquired
as to whether Mr. John Thomas, newly appointed councilman
for said municipality, must file a Financial Interest
Statement.
By telephone conversation of 2/9/79 between the
Executive Director and Mr. Damian, we were informed
that councilmen are appointed by the Mayor subject to .
confirmation by the council. We were further advised
that councilmen received an income for their services.
The issue is whether Section 4(c) applies to a
situation where an individual is appointed councilman
subject to confirmation by that council.
Section 4(c) states:
Each candidate for public office nominated
by a public official or governmental body and
subject to confirmation by a public official
or governmental body, shall file a Statement
of Financial Interests for the preceding calendar
year with the Commission and with the official
or body that is vested with the power of
confirmation at least ten days before the
official or body shall approve or reject the
nomination.
August C. Damian
October 17, 1979
page 2 of 2
We construe the "candidate" of Section 4(c)
as being an individual nominated by a public official
for appointed office as opposed to an elected candidate.
We also construe the phrase "subject to confirmation
by a public official or governmental body' as including
confirmation by a municipal council. If Section 4(c)
did not appear in Act 170, it would be possible to
avoid the entire financial disclosure process by not
having candidates run for office, but - simply be appointed
after election.
Since Mr. Thomas has been appointed to a council
position for the municipality of Penn Hills, he shall
file a Financial Interest Statement, pursuant to
Section 4(c) of the Act, within 10 days of receipt of
this opinion.
Pursuant to Section 7(9)(i), this opinion 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.
This letter is a public record and will be made
available as such.
CONCLUSION:
Mr. Thomas is required to file a statement of
Financial Interest for the preceding calendar year
within 10 days of receipt of this opinion.
( I \ -1( 1/1//
PAUL J. ' SMITH
Chairma