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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:
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(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)