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RICHARD C. SNELBAKER AND CHARLES N. SWEET v. COMMONWEALTH PENNSYLVANIA (01/23/81)

decided: January 23, 1981.

RICHARD C. SNELBAKER AND CHARLES N. SWEET, PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, STATE ETHICS COMMISSION, RESPONDENTS



Original jurisdiction in case of Richard Snelbaker and Charles N. Sweet v. Commonwealth of Pennsylvania, State Ethics Commission.

COUNSEL

Michael I. Levin, with him, William Fearen, Cleckner and Fearen, for petitioners.

Sandra S. Christianson, General Counsel, with her, David Morrison, Chief Counsel, and Robert E. Rains, Interim Chief Counsel, for respondent.

President Judge Crumlish and Judges Wilkinson, Jr., Mencer, Rogers, Craig, MacPhail and Williams, Jr. Judge Blatt did not participate. Opinion by Judge Rogers. Judge Williams, Jr., concurs in the result only.

Author: Rogers

[ 56 Pa. Commw. Page 271]

Richard C. Snelbaker and Charles N. Sweet, who have filed a Petition for Review seeking injunctive and declaratory relief from the financial disclosure provisions of Section 4 of the Public Officials Ethics Law, (Ethics Act) Act of October 4, 1978, P.L. 883, as amended, 65 P.S. § 404, have moved for summary judgment after they and the State Ethics Commission stipulated to the facts.

Mr. Snelbaker is an attorney retained by the Cumberland Valley School District as its solicitor. The district pays him an annual retainer for general services and for special services as billed. A law firm is retained by the Redbank Valley School District for advice on labor matters. Mr. Sweet is the member of the firm, who for the firm, handles the school district's labor work.

Section 4(a) of the Ethics Law, 65 P.S. § 404(a) requires employees to file statements of financial interests with the governmental body by which they are employed. Section 2 of the Ethics Law defines a public employee as:

Any individual employed by the Commonwealth or a political subdivision who is responsible for taking or recommending official action of a non-ministerial nature with regard to:

[ 56 Pa. Commw. Page 272]

(1) contracting or procurement;

(2) administering or monitoring grants ...


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