HomeMy WebLinkAbout80-029 HetrickMr. Norman P. Hetrick
Dauphin County Commissioner
P.O. Box 1295
Harrisburg, PA 17108
Dear Mr. Hetrick:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
June Z, 1980
OPINION OF THE COMMISSION
80 -029
In your letter of May 20, 1980 you requested an advisory
opinion from the State Ethics Commission concerning whether Home
Rule Study Commission members are required to file a Financial
Interest Statement pursuant to Section 4 of Act 170.
The Home Rule Charter and Optional Plans Law, Act of
April 13, 1972, No. 62, § 201 et se 53 P.S. § 1-201 et sect.,
provides for the election of a go study commission to
study the form of government of the municipality and to determine
inter alia whether its operation could be more economical or
efficient under a changed form of government. 53 P.S. § 1 -207.
The members of the study commission serve without compensation.
Within limits of appropriations made by council, the Commission
is authorized by the Home Rule Law to "appoint one or more con-
sultants and clerical and other assistants to serve at the
pleasure of the Commission and may fix a reasonable compensation
to be paid such consultants and clerical and other assistants."
53 P.S. § 1 -208.
The Commission is required to prepare and publish a report
of its findings and recommendations. The Commission must attach
to the report a sworn statement listing the funds, goods, materials
and services used by the Commission in the performance of its work.
53 P.S. § 1 -210.
Act 170 defines "public official" as any "elected or appointed
official in the Executive, Legislative or Judicial Branch of the
State or any political subdivision thereof " The Act excludes
from the definition of "public official" members of advisory boards
that do not expend public funds or otherwise exercise the power of
the state or a political subdivision and non - compensated appointed
officials.
Mr. Norman P. Hetrick
June 25, 1980
Page 2
It is the Commission's opinion that the elected members of
a government study commission empowered to expend public funds are
"public officials" as that term is used in Act 170. As "public
officials," members of a government study commission are subject
to the reporting requirements of Section 4 of the Act.
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
cc: All Chief Clerks
County Bureau of Elections
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