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HomeMy WebLinkAbout80-032 AndrewsMr. William P. Bucher Delaware County Courthouse Media, PA 19063 Mr. John R. Merrick, Esquire Public Defender 17 West Church Street West Chester, PA 19380 STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 June 25 , 1980 OPINION OF THE COMMISSION 80 -032 Mr. Robert J. Breslin, Jr., Esquire Assistant Public Defender Delaware County Courthouse Media, PA 19063 Mr. Taylor P. Andrews Public Defender Cumberland County Courthouse Carlisle, PA 17013 Dear Messrs. Bucher, Breslin, Merrick and Andrews: On March 12, 1980, chief counsel of the State Ethics Commission advised Mr. William Bucher, Personnel Director of Delaware County, that all assistant public defenders were "public employees" under Act 170 and therefore required to file Statements of Financial Interest pursuant to Section 4 of the Act. On April 15, 1980, Mr. Robert J. Breslin, Jr., Assistant Public Defender of Delaware County, requested an advisory opinion from the State Ethics Commission concerning the status of assistant public defenders under Act 170. On May 1, 1980, Mr. John R. Merrick, Public Defender of Chester County, wrote to the Commission in behalf of the Public Defender Association of Pennsylvania contesting the advice of chief counsel regarding the status of assistant public defenders under Act 170. On March 12, 1980 the Commission recieved a letter from Taylor P. Andrews requesting a ruling on the coverage of public defenders and assistant public defenders under Act 170. Messrs. Bucher, Breslin, Merrick & Andrews June 25, 1980 Page 2 The Public Defender Act, Act of December 2, 1968, P.L. 1144, No. 358, 16 P.S. §9960.1 et seq. provides that in each county, except the County of Philadelphia, there shall be a public defender appointed by the Board of County Commissioners. Section 5 of the Act provides that the public defender, with the approval of the appointive body, may employ as "many full or part time assistant public defenders, clerks, investigators, stenographers, and other employees as he may deem necessary to enable him to carry out the duties of his office." Act 170 defines public official as: [a]ny elected of 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 political subdivision thereof. "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 subdivison 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 interest of any person. "Public employee" shall not include individuals who are employed by the State or any political subdivision thereof in teaching as distinguished from administrative duties. Messers. Bucher, Breslin, Merrick & Andrews June 25. 1980 Page 3 It is the Commission's opinion that the persons appointed to the office of public defender are "public officials" under Act 170 and therefore required to file a Statement of Financial Interest pursuant to Section 4 of the Act. It is the Commission's futher opinion that assistant public defenders are employees of a political subdivision of the Commonwealth and that those assistant public defenders who have responsibility for taking or recommending official action of a nonministerial nature with regard to contracting or grant administration are "public employees" as that term is used in Act 170 and therefore 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 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 available as such. PJS /rdp PAUL J. : v. ITH Chairma UPDATE: The Commonwealth Court has been asked to adjudicate the question presented by this Opinion. See Steinberg, No. 1820 C.D. 1980.