HomeMy WebLinkAbout80-011 FanningTO:
RE:
FACTS:
DISCUSSION:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
January 17, 1980
OPINION NTTMBEP 80 -011
Oliver M. Fanning, Executive Director
Tri- County Regional Planning Commission
2001 North Front Street, Building 2, Suite 221
Harrisburg, PA 17102
Are members of the Tri - County Regional Planning Commission,
planning commission members of individual counties, and
members of borough and township planning commission public
officials under the terms of Act 170.
On July 24, 1979, we recieved a letter from Oliver M. Fanning,
Executive Director of the Tri- County Regional Planning Commission
asking for the State Ethics Commission's Views on a memorandum of
law submitted by their legal counsel, Thomas D. Caldwell, Jr. of
Caldwell, Clouser & Kerns.
Mr. Caldwell concluded that members of the various planning
commissions are not subject to the Act, but members of the staff
with discretionary authority are subject.
The issue is whether compensated planning members and certain
staff employees are covered by the State Ethics Act. Section 2
of the Act exempts from coverage any appointed public official who
serves without compensation other than reimbursement for actual ex-
penses. To that extent, none of the members of the various planning
commissions who serve without compensation are "public officials"
and are, therefore, not subject to the State Ethics Act.
However, any planning commission members who are receiving
compensation other than reimbursement for expenses are, as members
of a body created by a political subdivision, subject to the Act
as "public officials."
Section 2 of the Act defines public employees including those
individuals who exercise non - ministerial responsibility with re-
spect to "planning or zoning." Thus, those public employees of
the Commission who are responsible for making the formal recommend-
ation to the Commission for official action are public employees.
Individuals who assist the senior employee or employees making the
recommendations to the Commission are not public employees.
Oliver M. Fanning
January 17, 1980
Page 2
PJS:alf -3
Public employees shall file a Statement of Financial Interest
with the planning commission of which they are employed. Public
officials serving on the planning commission for compensation, if
any, submit their Statements of Financial Interest to the planning
commission and to the -State Ethics Commission.
The solicitor to the planning commission is a "public employee"
under the State Ethics Act, notwithstanding his common law inde-
pendent contractor status, and, as such, files his Statement of
Financial Interest only with the Commission. Levin 79 -76.
CONCLUSION:
Uncompensated planning commission members who are appointed
are not subject to the State Ethics Act. Planning commission mem-
bers who are compensated are subject to the State Ethics Act. The
public employee of a planning commission is one who actually sub-
mits recommendations to the commission for official action, and
does not include those individuals under him or her who assist that
person in preparing the recommendation.
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 other covil 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.
such.
This letter is a public record and will be made available as