HomeMy WebLinkAbout80-003 WittTO:
RE:
FACTS:
DISCUSSION:
CONCLUSION:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
Edward A. Witt, Esquire
1305 Grant Building
Pittsburgh, PA 15219
January 17, 1980
OPI NUMBER 80 -003
Duties of a Borough Solicitor
On November 13, 1979, Edward A. Witt, Solicitor for the
Boroughs of Crafton, Munhall & Thornburg, wrote this Commission
requesting advice on several matters which are being covered by
regulation.
One question, however, requires the Commission to issue an
opinion: Is the State Ethics Act self executing, that is, can
the solicitor advise the Borough Secretary not to accept the oath
of office?
The issue before the Commission is whether the Act itself
is "self executing ?"
A provision of an Act or a constitution is considered "self
executing" if it needs no further legislation to enforce it.
Commonwealth ex rel. Crow v. Smitto, 343 Pa. 446 at 448. Thus,
a constitutional provision which prohibits a person from holding
state office while also holding a federal office is self executing.
Crow, supra. On the other hand, a constitutional provision that
the legs is ature shall pass laws to prohibit the sale of lottery
or gift enterprise tickets is not self executing unless the appli-
cable legislation is passed. State ex rel. Stafford v. Fox -Great
Falls Theatre Corp., 132 P.2d 789,699,700,114 Mont. 52.
It is the opinion of the Commission that Section 4(d) of the
State Ethics Act is "self executing," and that it needs no further
legislation or regulation from the Commission to make it valid and
effective.
Edward A. Witt
January 17, 1980
Page 2
such.
PJS:alf-3
One of the responsibilities of a solicitor is to advise
his client, the governmental body, what its legal responsibilities
are in a given fact situation. A solicitor, therefore, may advise
his municipality client that the State Ethics Act prohibits offi-
cials or public employees from continuing in their office or posi-
tion unless the disclosure requirements of the State Ethics Act
are complied with.
Pursuant to Section 7(9)(i), this opinion is a complete de-
fense in any enforcement proceeding initiated by the Commission,
and evidence of good faith conduct in any civil or criminal pro
ceeding, 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
UL J. SM'T
Chairman;