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HomeMy WebLinkAbout83-008 MulderMrs. Eileen C. Mulder 1011 Tyndall Street Pittsburgh, PA 15204 Dear Mrs. Mulder /Mrs. King: I. Issue: t STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 June 17, 1983 OPINION OF THE COMMISSION Mrs. Rose Marie King 1601 Banksville Road Pittsburgh, PA 15216 83 -008 RE: Community Advisory Board; Section 4(h); Financial Interest Statement You have requested the State Ethics Commission to rule on whether members of_the Community Advisory Board of Allegheny County are "public officials" subject to the filing requirements of the Ethics Act. II. Factual Basis for Determination:: You are a candidate for the Community Advisory Board of Allegheny County, which, as you indicate, is provided for under the Home Rule Charter and Optional Plans Law, Act of April 13„ 1972, No. 62, §101 et seq., 53 P.S. §1 -101 et seq. Pursuant to a request to the State Ethics Commission, you filed, under protest a Statement of Financial Interest with the Commission. You have indicated that members of the Community Advisory Board are non - compensated and have no authority to expend public funds. You, therefore, believe that such members are not "public officials" subject to the Ethics Act. In this light, you believe that candidates for the Community Advisory Board do not seek election as "public officials" and, therefore, are not subject to the filing requirements of the Ethics Act. III. Applicahle Law: Section 2. Definitions "Public official." Any elected or appointed official in the Executive, Legislative ,or Judicial Branch of the State or any political subdivision thereof, provided that it shall not include members of advisory boards that have no authority to expend public funds other than reimbursement for personal expense, or to otherwise exercise the power of the State or any political subdivision thereof. "Public official" shall not include any appointed official who receives no compensation other than reimbursement for actual expenses. 65 P.S. §402. Mrs. Eileen C. Mulder Mrs. Rose Marie King June 17, 1983 Page 2 V. Discussion: Section 4 b) Statement of Financial Interest Re uired to be Filed (b) Each candidate for public office shall file a statement of financial interests for the preceding calendar year with the commission prior to filing a petition to appear on the ballot for election as a public official. A petition to appear on the ballot shall not be accepted by an election official unless the petition includes an affidavit that the candidate has filed the required statement of;financial interests with the commission. 65 P.S. §404(b). The articulated purpose of the State Ethics Act, 65 P.S. 401 et seq. is to promote public confidence in government by assuring the people of the impartiality and honesty of public officials. In effectuating the interests of the Act, public officials and candidates are under certain circurstances, required to file Statements of Financial Interest with the Sate Ethics Commission. Section 2 of the Ethics Act and Commission Regulations define "public official" as "any elected or appointed official in the Executive; Legislative or Judicial Branch of the State or any political subdivision thereof..." Further, the Commission has previously decided that any governmental bodies created by political subdivisions are likewise subject to the State Ethics Act except to the extent "of advisory boards that have no authority to expend public funds other than reimbursement for personal expense, or to otherise exercise the power of the State or any political subdivision thereof." 65 P.S. 402; Morris, 80 - 009. Although a Community Advisory Board may be regarded as a "governmental body" because it was created by the State or a political subdivision of the State, the Commission notes that the Board, created pursuant to the Home Rule Charter, operates in a purely advisory capacity only with no power to expend public monies or otherwise exercise any power of the County. In this regard, it is important to note the specific requirements set forth in the Act which appear to exclude a person holding an elective position from the filing requirements of the State Ethics Act. These include: 1) persons who are members of an advisory board; and 2) members of such boards who are non- compensated except for reimburse- ment for personal expenses; and V. Conclusion: CW /rdp Mrs. Eileen C. Mulder Mrs. Rose Marie King June 17, 1983 Page 3 Assuming that the Community Advisory Board and its membership meet each of the above requirements, the Commission is of the opinion that members of such a Board would not be "public officials" subject to the filing requirements of the Act if elected. In this light, candidates for membership on the Board are not seeking election as "public officials" and, therefore, also are not subject to the filing requirements of Section 4(b) of the Act, because these requirements pertain only to candidates seeking "election as a public official." In the limited circumstances of the situation at hand, the Commission finds that because members of the Advisory Board are not seeking election as public officials, candidates for membership on the Board are not subject to Section 4(b) filing requirements. It should be noted, however, that this Opinion deals strictly with limited circumstances, that is, where a purely advisory body is created pursuant to the Home Rule Charter. Nothing in this Opinion, therefore, should be construed to apply to appointed, as opposed to elected, public officials. Assuming that the Community Advisory Board of Allegheny County, as provided for under the Home Rule Charter, and the membership thereon, meet the specific requirements for exclusion from the definition of "public official ", then candidates for the Board need not file a Financial Interest Statement under Section 4(b) of the Ethics Act. 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 civil or criminal proceeding, providing the requestor has disclosed truthfully all the material facts and committed the acts complained of in reliance of the advice given. This letter is a public record and will be made available as such. Finally, any person may request within 15 days of service of the opinion that the Commission reconsider its opinion. The person requesting reconsideration should present a detailed explanation setting forth the reasons why the opinion requires reconsideration. cc: Betty Kramer cc : Ke4, I); Vint, A1-11y COUNT`a- By the Commission, AUL J. S TH Chairman