HomeMy WebLinkAbout80-031 RoegerDear Mr. Roeger:
PJS /nia
William C. Roeger, Jr., Esquire
311 North Seventh Street
Perkasie, PA 18944
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
June 15, 1980
OPINION OF THE COMMISSION
AUL J.
Chairman
80 -031
In your letter of May 14, 1980, you requested an advisory
opinion from the State Ethics Commission relative to the Bucks
County Opportunity Council, an independent, non - profit corpora-
tion organized for the purpose of combatting poverty in Bucks
County. You explained that the Board of Directors is composed
of elected public officials, low - income individuals and repre-
sentatives of business, labor and welfare organizations in Bucks
County. You further explained that the members of the Board are
appointed and serve without compensation other than reimbursement
for actual expenses. You specifically requested an opinion from
the Commission as to the application of Act 170 to members of
the Board of Directors and employees of the Council.
Act 170 applies to "public officials" and "public employees"
of the Commonwealth and political subdivisions thereof. It is
the Commission's opinion that as a private, non - profit corporation,
the Board of Directors and employees of the Bucks County Oppor-
tunity Council are not covered by the provisions of Act 170.
Members of the Board who are public officials are subject to
Act 170 by reason of the public office they hold.
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.