HomeMy WebLinkAbout79-065 RaybuckTO:
FACTS:
DISCUSSION:
STATE ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA 17108
OPINION OF THE COMMISSION
November 7, 1979
Louis J. Carter
23 Wiltshire Road
Philadelphia, PA 19151
Elam M. Herr
Director for Legislation
P.S.A.T.S.
P. 0. Box 158
Camp Hill, PA 17011
William T. Jorden, Esq.
501 Marine Bank Building
Erie, PA 16501
79 -065
Charles W. Stopp, Esq.
Steckel and Stopp
1036 Main Street
Slatington, PA 18080
William Raybuck
Route #1
Fairmount City, PA 16224
Eugene F. Scanlon, Senator
173 Main Capitol Bldg.
Harrisburg, PA 17120
RE: Filing requirements of public officials and public
employees who leave office prior to January 1, 1980
The Commission has received requests as to whether
public officials or public employees who leave office
in 1979 must file Financial Interest Statements for that
year.
As passed, Section 14 of Act 170 states that the
effective date of Sections 4(a) and 4(d) is January 1,
1980, while the effective date for the rest of the Act
is January 1, 1979. A subsequent amendment changed the
effective date for candidates, but that amendment does
not apply to the issue before us.
Section 4(a) states:
Each public employee employed by the Commonwealth
shall file a statement of financial interests for
the preceding calendar year with the department,
agency or bureau in which he is employed no later
than May 1 of each year that he holds such a
position and of the year after he leaves such a
position. Any other public employee shall file
a statement of financial interests with the
Carter, Stopp, Herr,
.Raybuck, Jorden, Scanlon
November 7, 1979
page 2 'IS
governing authority of the political sub-
division by which he is. employed no later than
May 1 of each year that he holds such a
position and of the year after he leaves such
a position.
Section 4(d) states:
No public official shall be allowed to take
the oath of office or enter or continue upon
his duties, nor shall he receive compensation
from public funds, unless he has filed a state-
ment of financial interests with the commission
as required by this act.
We have already decided this day that public officials
and public employees will be treated alike, therefore we
must construe Sections 4(a) and 4(d) together.
Section 4(d) makes no mention of public officials
filing financial interest statements after they leave
office, but Section 4(a) does.
In order to determine the intent of the Legislature
as far as the application of the effective date is concerned,
it is instructedtto examine the statute;if the entire Act
were to go into effect January 1, 1979. In such an event,
Section 4(a) could be construed to apply to individuals
who leave office before the Act was passed, because such
individuals would have to file in 1979 for the year 1978.
This would create an inconsistency because Section 3(e)
(relating to representing persons before the governmental
body with which that public official or public employee
was associated) would not apply to individuals leaving
government before January 1, 1979, but Section 4(a) would
apply.
To permit uniform application of the laws, a later
effective date was adopted for filing Financial Interest
Statements because of the duty to file for the prior year.
Still another inconsistency would be created if we
were to exempt those officials or employees leaving in
1979. To hold this way, public officials or public
employees who remain in office will have to file Financial
Interest Statements for the previous year while thostp"u'blic
officials and public employees who likewise were employed
in 1979 would not have to file.
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Carter, Stopp, Herr,
Raybuck, Jorden, Scanlon
November 7, 1979
page 3 of 3
Further, we note that on January 1, 1980, any
public employee or public official who leaves office in
1979 would become an expublic employee and thus is
subject to Act 170 after January 1, 3980. Such a
public official or public employee must file a Financial
Interest Statement by May 1 of "the year after he
leaves such a position."
In the event of any ambiguity in Act 170, Section 1
provides the guideline as to the proper statutory
instruction of any ambiguious term or phrase: " ..(T )hie
Act shall be liberally construed to promote complete
disclosure."
CONCLUSION:
To promote uniformity of application of Act 170,
we hold that all individuals who are public officials
or public employees in 1979 are required to file a
Financial Interest Statement for that year by May 1,
1980.
Since the sources of one's income immediately
after leaving office or employment are relevant to the
issue of a conflict of interest while in office, the
Financial Interest Statement shall include information
for all of 1979.
Counsel is directed to prepare draft regulations
Implementing 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.
PAUL J.
Chairman
(SEAL)