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HomeMy WebLinkAbout80-037 HollanderThomas Hollander, Esquire 711 Frick Building Pittsburgh, PA 15219 Dear Mr. Hollander: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 August 20, 1980 OPINION OF THE COMMISSION 80 -037 s. In your letter of May 6, 1980 you requested an advisory opinion from the State Ethics Commission relative to the re- porting requirements of Section 4 of Act 170. You stated that you serve as a member of the Board of Trustees of the Western Youth Development Centers, an advisory board established pursuant to the Act of June 13, 1967, P.L. No. 21, art. 3, § 317, 62 P.S. S 317. Members serve without compensation. Members of the Board are appointed by the Governor and confirmed by the Senate. Act of April 9, 1929, P.L. 177, art. IV, § 401, as amemded, 71 P.S. § 111. You specifically requested an opinion as to whether mem- bers of such advisory boards are required to file a Statement of Finan- cial Interest pursuant to Section 4 of Act 170. Act 170 excludes from the definition of "public official" members of advisory boards that have "no authority to expend public funds other than reimbursement for personal expense, or to other- wise exercise the power of the State or any political subdivision thereof. The Act further excludes from the definition of "public official" those appointed officials "who receive no compensation other than reimbursement for actual expenses." Section 4(c) of the Act requires each candidate for public office who is nominated by a public official or governmental body and subject to confirmation by a public official or governmental body to file a Statement of Financial Interests for the "preceding calendar year with the Commission and with the official or body that is vested with the power of confirmation at least ten days before that official or body shall approve or reject the nomination." It is the Commission's opinion that members of advisory boards that do not have authority to expend public funds and appointed officials who receive no compensation other than reimbursement for actual expenses are required to file a Statement of Financial In- terest prior to confirmation as required by Section 4(c). Sub- sequent to confirmation, members of such advisory boards and non- Thomas Hollander, Esquire August 20, 1980 Page 2 compensated appointed officials are not required to file an annual Statement of Financial Interest. Pursuant to Section 7(9)(i), this opinion is a complete defense in any enforcement proceeding initiated by the Commission, and evidence of good fiath 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. Senator Vincent Fumo Senator Henry Hager Dennis Guise / PAUL J. r5'ITH Chairman PJS /nia cc: Murray Dickman, Deputy Executive Assistant to the Governor