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HomeMy WebLinkAbout79-073 PrattTO: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 OPINION December 19, 1979 Ralph D. Pratt Member, 10th District House of Representatives 602 Main Capitol Building Harrisburg, PA 17120 RE: Duties of a Borough Solicitor FACTS: On June 29, 1979 Representative Ralph D. Pratt wrote this office requesting an opinion "as to whether or not the provisions of Act 170 with respect to filing a report disclosing certain financial data applies to a borough solicitor duly appointed by the borough council." DISCUSSION: The issue is whether borough solicitors are public employees, public officials, both, or neither. July 9, 1979, this Commission held that township solicitors and school directors were public employees. King, 79 -34; Levin, 79 -36. CONCLUSION: The Borough Code, 53 P.S. 46005, states: The council of the borough shall have power: 79-073 (1) To create, by motion, ordinance, or resolution, and appoint a treasurer, a secretary, a solicitor, an engineer, a street commissioner and such other officers as it deems necessary. Therefore a borough solicitor is a public officer. Borough solicitors are public officials. They file their statements of financial interest with borough OPINION OF THE COMMISSION PAGE 3 state college is a part, and seek reelection without being found in violation of Act 170. He must take no vote on behalf of the Borough Council in matters in which he negotiates. (17;Lt PA J. SMITH Chairman L' (SEAL)