HomeMy WebLinkAbout96-007 BodoDear Ms. Bodo:
1996.
I. ISSUE:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
OPINION OF THE COMMISSION
Mary C. Bodo
Chief Counsel
Commonwealth of Pennsylvania
Board of Probation and Parole
3101 North Front Street
PO Box 1661
Harrisburg, PA 1 71 05 -1 661
Before: Daneen E. Reese, Chair
Austin M. Lee, Vice Chair
Roy W. Wilt
Allan M. Kluger
Boyd E. Wolff
DATE DECIDED: 11/5/96
DATE MAILED: 11/13/96
96 -007
Re: Public Official /Employee; Board of Probation and Parole; FIS; Address;
Residence; Office.
This Opinion is issued in response to your advisory request on October 15,
Whether a public official, public employee, or candidate in completing the
Statement of Financial Interests under the Public Official and Employee Ethics Law
may list an office rather than a personal residence as an address.
II. FACTUAL BASIS FOR DETERMINATION:
As Chief Counsel and on behalf of the Pennsylvania Board of Probation and
Parole (Board), you request an advisory as to the Statement of Financial Interests (FIS)
form. After stating that the FIS form contains a line for a public official to fill in his or
her residence, you express concern about the safety of Board members and staff if a
home address is used given that the FIS is a public document. You inquire as to
whether a work address is acceptable for listing an address on the FIS.
Bodo, 96 -007
November 7, 1996
Page 2
III. DISCUSSION:
Sections 5(a) and (b)(1) of the Ethics Law provides:
Section 5. Statement of financial interests
(a) The statement of financial interests filed
pursuant to this act shall be on a form prescribed by the
commission. All information requested on the statement
shall be provided to the best of the knowledge, information
and belief of the person required to file and shall be signed
under oath or equivalent affirmation.
(b) The statement shall include the following
information for the prior calendar year with regard to the
person required to file the statement.
(1) Name, address and public
position.
65 P.S. §§405(a), (b)(1).
The Regulations of this Commission provide in part:
Chapter 17. Statements of Financial Interests, Content
§17.1. General.
The person required to file shall list the following general
identification information:
(1) The full name and address of the public official, public
employe or candidate.
(2) The county of residence.
(3) The position sought or held, and name of the
governmental body associated with the position sought or held.
(4) An occupation or profession.
51 Pa.Code §17.1.
Section 5(b)(1) of the Ethics Law requires that a public official /employee or
candidate list an "address." There is no requirement that a personal residence be
listed. We recognize that there are certain public officials /employees who are in
confidential, investigative, or sensitive positions where, for security reasons, they
would not want their home address listed on the FIS form which is a public document.
Since the Ethics Law does not specifically require the residence address, an office or
work address may be used.
Bodo, 96 -007
November 7, 1996
Page 3
It is our hope that through the dissemination of this Opinion as per Section
7(18) of the Ethics Law, 65 P.S. 407(18), there will be a widespread awareness of
this ruling. We note the above because if a home address is listed on an FIS, the form
being a filed public document cannot be changed by substituting an office residence
in place of the home address. Hence it is incumbent that there be a general awareness
of this ruling prior to the completion of the form by filers.
You are advised that a public official /employee or candidate may list an office
address rather than a residence on the FIS.
IV. CONCLUSION:
The Financial Interests Statement filing by a public official, public employee, or
candidate may list an office rather than a personal residence as an address.
Pursuant to Section 7(10), the person who acts in good faith on this opinion
issued to him shall not be subject to criminal or civil penalties for so acting provided
the material facts are as stated in the request.
This letter is a public record and will be made available as such.
Finally, any person may request the Commission to reconsider its Opinion. The
reconsideration request must be received at this Commission within thirty days of the
mailing date of this Opinion. The person requesting reconsideration should present a
detailed explanation setting forth the reasons why the Opinion requires reconsideration.
By the Commission,
6/fli4tJ& &Md
Daneen E. Reese
Chair