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HomeMy WebLinkAbout80-013 ShiavoTO: RE: FACTS: Alan K. Berk Costello & Berk 15 North Main Street Greensburg, PA 15601 Thomas T. Frampton 47 Clinton Street P.O. Box 510 Greenville, PA 16125 STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 March 12, 1980 Pasco L. Shiavo 306 Northeastern Building Hazleton, PA 18201 Coverage of Redevelopment and Other Authorities Opinion # 80 -013 Morris Efron, Esquire Efron, Black, Epstein & Prokup 502 Turner Street Allentown, PA 18102 Stephen J. Mirizio, Esquire 123 East State Street Sharon, PA 16146 In recent months we have received numerous inquiries concerning our opinion in Snyder, 79 -20, in which we held authority employees exempt from coverage by the State Ethics Act. Our reasoning in Snyder was as follows: Section 2 of the State Ethics Act defines public employee in terms of "any individual employed by the Commonwealth or a political subdivision...." Public official is similarly defined: "any elected or appointed official in... any political subdivision...." The Statutory Construction Act, 1 Pa. C.S.A. 1991, defines a political subdivision as: "Any county, city, borough, incorporated town, township, school district, vocational school district, and county institutional district." Therefore, since authorities are not listed as a political subdivision, they are not covered by the State Ethics Act. Berk, Efron, Frampton, Mirizio, Shiavo March 12, 1980 Page 2 The same reasoning would require us to exempt zoning boards and planning commissions. Closer examination of Section 2 indicates that the legislative intent runs contrary to Snyder. The thrust of the public employee definition is to cover individuals who are "taking or recommending official action of a nonministerial nature with regard to ...(3) planning or zoning." Section 1 of the Act eliminates any ambiguity caused by the definitional section in the Statutory Construction Act where it states, "because public confidence in government can best be sustained by assuring the people of the impartiality and honesty of public officials, this Act shall be liberally construed to promote complete disclosure." Further, the Statutory Construction Act, 1 Pa. C.S.A. 1921, directs the Commission to take into account: (1) The occasion and necessity for the statute. (2) The circumstances under which it was enacted. (3) The mischief to be remedied. (4) The object to be attained. (5) ... (6) The consequences of a particular interpretation. (7) ... (8) The legislative and administrative interpretations of such statute. Thus, we have proposed regulations, published 3/23/80, which define political subdivision as: "Any county, city, borough, incorporated town, township, school district, vocational school district, and any governmental body created by the foregoing governmental bodies." Section 2.1(e). We have previously held planning commissions and zoning boards subject to the Act without objection from any party. Morris 80 -9, Fanning 80 -11, Simmons, 79 -56. Therefore, this holding merely makes uniform our existing decisions in this area. Berk, Efron, Frampton, Mirizio, Shiavo March 12, 1980 Page 3 CONCLUSION: PJS /rdp -2 Authority members and their public employees are subject to the State Ethics Act if compensated other than reimbursement for actual exepenses. This holding is effective upon adoption of the final regulations. 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. UPDATE: This Opinion reviews 79 -021 and 79 - 022. UPDATE: The Commonwealth Court affirmed the conclusion that a municipal authority is a part of the Commonwealth so as to subject it to the coverage of the Ethics Act. However, the court declined to extend coverage of the Ethics Act to part -time solicitors of such authorities. See 425 A.2d 66. See also 436 A.2d 186.