HomeMy WebLinkAbout80-009 MorrisTO:
DISCUSSION:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
January 17, 1980
OPINION NUMBER 80 -009
Burton D. Morris
5th Floor Payne- Shoemaker Building
Harrisburg, PA 17101
RE: Regional Planning Commission being subject to the
State Ethics Act
FACTS:
On December 7, 1979 Burtdn D. Morris wrote this office
requesting an opinion on the following questions:
1. Is the Southwestern Pennsylvania Regional Planning
Commission (hereinafter SPRPC) a political
subdivison under the State Ethics Act?
2. If yes, are the members or employees of the SRPC
public officials or public employees?
3. If no, is the SPRPC a "political subdivision" by
virtue of its being the creation of seven "political
subdivisions ?"
4. If yes, are the members and employees of the SPRPC
public officials or public employees as defined by
the State Ethics Act?
5. Irrespective of the status of the SPRPC, does the
fact that their are state officials and local elected
officials by virtue of their public official status
in their local capacity extend the coverage of the
State Ethics Act to their actions in the SPRPC?
6. What distinctions are to be drawn in answering
the above questions with respect to federal official
and private citizen members of the SPRPC?
The issue relates to whether a regional planning commission
and its members and employees are subject to the State Ethics
Act.
Burton D. Morris
January 17, 1980
Page 2
Compensated members of the planning commission are
subject to the Act as "public officials," while uncompensated
appointees are not. Since the staff of a planning commission
is engaged in "planning or zoning" that person or persons who
makes the formal recommendations to the planning commission
for official action is coverd as a public employee by the
State Ethics Act. Members of the staff who assist that person
or persons who make formal recommendations to the planning
commission are not "public employees."
A person who is a public official but by reason of service
in another governmental body is a "public official" as defined
by the State Ethics Act in any governmental body in which they
serve, even though their position in these other governmental
bodies may be uncompensated and appointed.
A federal official who is a member of a regional planning
commission is a Commonwealth "public official" if he receives
compensation, other than reimbursement for expenses, from the
Commonwealth or a governmental body he is in. If his
compensation is exclusively from the federal government, he
is not a "public official" and need not file a statement of
financial interest.
CONCLUSION:
Section 2 of the Act defines a "public employee as an
individual employed by the Commonwealth or a political
subdivision thereof. The definition of "public official"
likewise is confined to officials of the executive, legislative,
or judicial branch of the state or any political subdivision
thereof.
It is the opinion of the Commission 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." Section 2 public
official definition.
A regional planning commission has authority to contract
for grants and therefore does not come with the advisory board
exemption.
Planning commissions created by political subdivisions are
subject to the State Ethics Act. Any governmental body not
subject to the State Ethics Act may, upon notice to the State
Ethics Commission, be subject to the authority of the State
Ethics Commission.
Burton D. Morris
January 17, 1980
Page 3
The person or persons who make formal recommendations of the
planning commission for official action are subject to the Act as
"public employees." Members of the staff who assist that person,
but who make no formal recommendation to the planning commission
directly, are not "public employees."
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 on the advice given.
This letter is a public record and will be made
available as such.
State Ethics Commission
308 Finance Building
Harrisburg, PA 17120