HomeMy WebLinkAbout80-025 NewtonHenry R. Newton, Esquire
127 North Fourth Street
Easton, PA 18042
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
June 5 , 1980
OPINION OF THE COMMISSION
80 -025
Elwood A. Shoemaker
Commission For Community Colleges
800 North 3rd Street
Harrisburg, PA ]7]02
Dear Mr. Newton and Mr. Shoemaker:
In your letter of January 31, 1980 you requested in your
capacity as solicitor for the Northampton County Area Community
College an advisory opinion from the State Ethics Commission
concerning whether trustees, officials and employees of a
community college are required to file statements of financial
interest pursuant to Section 4 of Act 170.
Community colleges are authorized by the Community College
Act of 1963, 24 P.S. § 5201 et seq. Under the Act, a community
college may be sponsored by a school district, a municipality,
a county board of school directors or any combination thereof.
24 P.S. § 5202(2). The Act states that the term community college
shall mean a "public college." 24 P.S. § 5502(4). The Act
mandates extensive involvement by the State Board of Education
in the establishment, operation and maintenance of community
colleges. 24 P.S. § 5503. Upon approval of community college
plan by the State Board of Education, the Act provides that the
local sponsor appoint a board of trustees to administer the affairs
of the community college. 24 P.S. §§ 5204, 5206. Trustees serve
without compensation except for reimbursement of actual expenses.
24 P.S. § 5205(c). The president and treasurer are the statutorily
designated officers of the college. 24 P.S. § 5607. Community
colleges are funded by tuition payments, funds made available by
the local sponsor and monies received from the Commonwealth.
24 P.S. § 5214.
The public status of community colleges has been recognized
by the Pennsylvania Supreme Court. In Rettig v. Board of County
Commissioner, 425 Pa. 274 (1966, the Court stated
Newton, Shoemaker
June 5, 1980
Page 2
Id. at 278.
Act 170 applies to "public officials" and public employees"
of the Commonwealth and political subdivisions thereof. The Act
specifically excludes "public officials" who are appointed and
who receive no compensation other than reimbursement for actual
expenses. It is the Commission's opinion that appointed non -
compensated trustees of community colleges are not "public
officials" as that term is used in the Act and therefore not
required to file a statement of financial interest pursuant to
Section 4 of the Act. It is the Commission's opinion that trustees
of community colleges while not "public officials for purposes of
financial disclosure, nontheless hold a public office and there-
fore must avoid conflicts of interest or "the appearance of a
conflict with the public trust.
It is the Commission's opinion that officials and employees
of a community college who perform administrative duties of a
nonministerial nature with regard to contracting or procurement,
administering and monitoring grants, planning, inspecting, regulating
or auditing any person or who are involved in activities where the
official action has an economic interest of greater than de minimis
nature on the interests of any person are "public employees" and
therefore subject to the reporting requirements of Section 4 of
the Act. No employee of a community college engaged solely in
teaching is a "public employee."
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.
PJS /nia
Under the [Community College] Act, a community college
is denominated a public institution, and the academic
and general control exercised over it by the State
Board of Education and the local sponsor confirms
this view.
AUL J.
Chairman
ITH