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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. } x 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)