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HomeMy WebLinkAbout80-023 WilsonMr. James B. Wilson, P.E. Executive Director Pennsylvania Turnpike Commission Harrisburg, PA 17120 Dear Mr. Wilson: 61L STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 May -21, 1980 OPINION OF THE COMMISSION In your letter of April 29, 1980, you requested an advisory opinion from the State Ethics Commission in behalf of the Pennsylvania Turnpike Commission as to whether Turnpike Commissioners are "public officials" as that term is used in Act 170. You further requested an opinion as to whether employees of the Commission are "public employees" as defined in Act 170. The Turnpike Commission was created by the Act of May 21, 1937, P.L. 774, No. 211, §4, as amended, 36 P.S. 652(d). Section 4 of the Act provides that the "Commission is . . . an instrumentality of the Commonwealth" and that the exercise by the Commission of its powers to construct, operate and maintain the Turnpike "shall be deemed and held to be an essential governmental function of the Commonwealth." Section 4 further provides that the Commission shall consist of the Secretary of Transportation (ex officio) and four members appointed by the Governor subject to approval by the Senate. Before entering upon their duties, Section 4 of the Act requires the four appointed members of the Commission to take the public officer oath of office prescribed by Article VI of the Pennsylvania Constitution. Salaries of the Turnpike Commissioners are set by an Act of the Legislature. Act of October 5, 1967, P.L. 354, §1, as amended, 71 P.S. §773.2. Act 170 defines public official as: #80 -023 [A]ny elected or appointed official in the Executive, Legislative, or Judicial Branch of the State or any political subdivision thereof, provided that it shall not include members of advisory boards that have no authority to expend public funds other than reimbursement for personal expense, or to otherwise exercise the power of the State or any politicial subdivision thereof. Mr. James B. Wilson, P.E. May 21, 1980 Page 2 "Public official" shall not include any appointed official who receives no compensation other than reimbursement for actual expenses. Public employee is defined in Act 170 as: [A]ny individual employed by the Commonwealth or a political subdivision who is responsible for taking or recommending official action of a nonministerial nature with regard to: (1) contracting or procurement; (2) administering or monitoring grants or subsidies; (3) planning or zoning; (4) inspecting, licensing, regulating or auditing any person; or (5) any other activity where the official action has an economic impact of greater than a de minimus nature on the interests of any person. "Public employee" shall not include individuals who are employed by the State or any politicial subdivision thereof in teaching as distinguished from administrative duties. It is the Commission's opinion that Turnpike Commissioners are "public officials" under Act 170 and therefore required to file a statement of financial interests pursuant to Section 4 of the Act. It is the Commission's further opinion that employees of the Turnpike Commission are employees of the Commonwealth for purposes of Act 170 and that those employees who are responsible for taking or recommending official action of a nonministerial nature with regard to contracting, procurement, grant administration, planning, zoning, inspecting, licensing, regulating or auditing any person and employees who are involved in any other activity where official action has an other than de minimus impact on the economic interests of any person are "public employees' as that term is used in Act 170. Such employees are required to file a statement of financial interests pursuant to Section 4 of the Act. Pursuant to Section 7(9)(i), this opinion is a complete defense in any enforcement proceeding initiatied 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 complainted of in reliance on the advice given. This letter is a public record and will be made available as such. PAUL J. , SMITH Chairmar'V UPDATE: A Commonwealth Court ruling (425 A.2d 60) upheld the fact that officials and employees of the Pennsylvania Turnpike Commission are covered under Act 170 -1978, the Ethics Act. The court ruling merely supports this opinion.