HomeMy WebLinkAbout80-010 PittsTO:
RE: Duties of a SEPTA Member
FACTS:
DISCUSSSION:
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STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
January 17, 1980
OPINION NUMBER 80 -010
Joseph R. Pitts
State Representative
9045 Mitchell Farm Lane
Kennett Square, PA 19348
November 28, 1979 Representative Joseph R. Pitts requested
an advisory opinion "with respect to ethics requirements and
duties as they might apply to members of the SEPTA board
pursuant to the Conflict of Interest Law, 65 P.S. §401
et seq., and to the Metropolitan Transportation Authorities
Act of 1963, 66 P.S. §2029.
The issue is how does the conflict of interest section
of the Metropolitan Transportation Authorities Act of 1963,
66 P.S. §2029, apply given the passage of the State Ethics
Act, also called the Conflict of Interest Law, 65 P.S. §401
et seq.
66 P.S.2029 requires members to disclose any conflict
of interest to the Board. Section 2029 is not abrogated by
the State Ethics Act. It is still in full force and effect.
The State Ethics Act requires the submission of a Statement
of Financial Interest by all "public officials" and "public
employees."
Section 2 of the State Ethics Act excludes from the
definition of public official "any appointed official who
receives no compensation other than reimbursement for actual
expenses." Thus, SEPTA board members who are not public
officials by reason of their service in any other capacity, and
who receive no compensation other than reimbursement for actual
expenses are not public officials. Therefore, they would have
no duty to file a Statement of Financial Interest with either the
SEPTA Board or with the State Ethics Commission.
Joseph R. Pitts
January 17, 1980
Page 2
An individual who is last in line to actually make the
recommendation to the public official is considered a "public
employee," while an individual who assists that person last
in line is not a public employee, except as specified below.
Those individuals who are in the field engaging in
inspecting, licensing, regulating, auditing, zoning, or any
other of the specific responsibilities outlined in the
public employee definition (65 P.S. 402) are also considered
public employees even though they may be several steps down from
the individual making the recommendation to the SEPTA board.
Those individuals must file a Statement of Financial Interest
with the SEPTA board by May 1, 1980.
CONCLUSION:
This Commission has previously ruled today in Morris,
80 -85, that any governmental body may elect to be governed
by the authority of the State Ethics Commission, if it is
not otherwise governed. Therefore, the SEPTA board may
elect to require all board members to file a Statement of
Financial Interest with the State Ethics Commission and
with the SEPTA board.
A public official who is appointed to the SEPTA board,
such as a county commissioner, is covered by the State Ethics
Act while on the SEPTA board. He or she, therefore, has the
duty to file a Statement of Financial Interest with the SEPTA
board.
Since the SEPTA board was created by various political
subdivisions, certain key employees of the SEPTA board are
"public employees" as defined in Section 2 of the State
Ethics Act.
The Metropolitan Transportation Authorities Act of 1963,
66 P.S. 52029, is in full force and effect and has not been
abrogated by the State Ethics Act.
Members of the SEPTA board who receive no compensation
other than reimbursement for actual expenses are not public
officials by reason of their service on the SEPTA board. Those
individuals serving on the SEPTA board who are public officials
in another capacity are governed by the authority of the State
Ethics Act while serving on the SEPTA board and the State Ethics
Commission.
Joseph R. Pitts
January 17, 1980
Page 3
PJS /rdp -2
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.
Chairma