

     § 1107.  Powers and duties of commission.
        In addition to other powers and duties prescribed by law, the
     commission shall:
            (1)  Prescribe and publish rules and regulations to carry
        out the provisions of this chapter.
            (2)  Prescribe forms for statements and reports required
        to be filed by this chapter and furnish such forms to persons
        required to file such statements and reports.
            (3)  Prepare and publish guidelines setting forth
        recommended uniform methods of accounting and reporting for
        use by persons required to file statements and reports by
        this chapter.
            (4)  Accept and file any information voluntarily supplied
        that exceeds the requirements of this chapter.
            (5)  Inspect statements of financial interests which have
        been filed in order to ascertain whether any reporting person
        has failed to file such a statement or has filed a deficient
        statement. If, upon inspection, it is determined that a
        reporting person has failed to file a statement of financial
        interests or that any statement which has been filed fails to
        conform with the requirements of section 1105 (relating to
        statement of financial interests), then the commission shall
        in writing notify the person. Such notice shall state in
        detail the deficiency and the penalties for failure to file
        or for filing a deficient statement of financial interests.
            (6)  Provide that statements and reports filed with the
        commission be made available for public inspection and
        copying during regular office hours and provide that copying
        facilities be made available at a charge not to exceed actual
        cost and advise other State and local agencies of the
        provisions of this paragraph.
            (7)  Compile and maintain an index of all reports and
        statements filed with the commission to facilitate public
        access to such reports and statements and instruct other
        State and local agencies which receive and file financial
        interest statements in the maintenance of systems which
        facilitate public access to such statements.
            (8)  Prepare and publish annual summaries of statements
        and reports filed with the commission.
            (9)  Preserve statements and reports filed with the
        commission for a period of five years from date of receipt
        and advise other State and local agencies which receive and
        store financial interest statements to preserve such
        statements for a period of five years from date of receipt.
            (10)  Issue to any person upon such person's request or
        to the appointing authority or employer of that person upon
        the request of such appointing authority or employer an
        opinion with respect to such person's duties under this
        chapter. The commission shall, within 14 days, either issue
        the opinion or advise the person who made the request whether
        an opinion will be issued. No person who acts in good faith
        on an opinion issued to him by the commission shall be
        subject to criminal or civil penalties for so acting,
        provided that the material facts are as stated in the opinion
        request. The commission's opinions shall be public records
        and may from time to time be published. The person requesting
        the opinion may, however, require that the opinion shall
        contain such deletions and changes as shall be necessary to
        protect the identity of the persons involved.
            (11)  Provide written advice to any person or the
        appointing authority or employer of such person upon their
        request with respect to such person's duties under this
        chapter. Such advice shall be provided within 21 working days
        of the request, provided that the time may be extended for
        good cause. It shall be a complete defense in any enforcement
        proceeding initiated by the commission and evidence of good
        faith conduct in any other civil or criminal proceeding if
        the requester, at least 21 working days prior to the alleged
        violation, requested written advice from the commission in
        good faith, disclosed truthfully all the material facts and
        committed the acts complained of either in reliance on the
        advice or because of the failure of the commission to provide
        advice within 21 days of the request or such later extended
        time. The person requesting the advice may, however, require
        that the advice shall contain such deletions and changes as
        shall be necessary to protect the identity of the persons
        involved.
            (12)  Initiate an inquiry pursuant to section 1108(a)
        (relating to investigations by commission) where a complaint
        has not been filed but where there is a reasonable belief
        that a conflict may exist.
            (13)  Issue findings, reports and orders relating to
        investigations initiated pursuant to section 1108 which set
        forth the alleged violation, findings of fact and conclusions
        of law. An order may include recommendations to law
        enforcement officials. Any order resulting from a finding
        that a public official or public employee has obtained a
        financial gain in violation of this chapter may require the
        restitution plus interest of that gain to the appropriate
        governmental body. The commission or the Office of Attorney
        General shall have standing to apply to the Commonwealth
        Court to seek enforcement of an order requiring such
        restitution. This restitution requirement shall be in
        addition to any other penalties provided for in this chapter.
            (14)  Hold hearings, take testimony, issue subpoenas and
        compel the attendance of witnesses.
            (15)  Make recommendations to law enforcement officials
        either for criminal prosecution or dismissal of charges
        arising out of violations of this chapter.
            (16)  Prepare and publish special reports, educational
        materials and technical studies to further the purposes of
        this chapter.
            (17)  Prepare and publish prior to June 1 of each year an
        annual report summarizing the activities of the commission.
            (18)  Transmit, free of charge, copies of each order,
        advice and opinion which has become a matter of public record
        quarterly to the law library of each county, one public
        library in each county, the State Library, the State Senate
        Library, each authority appointing commission members under
        this chapter, the Pennsylvania Association of County
        Commissioners, the Pennsylvania Association of Boroughs, the
        Pennsylvania State Association of Township Supervisors, the
        Pennsylvania State Association of Township Commissioners, the
        Pennsylvania School Boards Association and the Pennsylvania
        League of Cities.
            (19)  Hold at least two public hearings each year, of
        which at least one shall be held in Harrisburg and at least
        one shall be held in a location other than Harrisburg, to
        seek input from persons and organizations who represent any
        individual subject to the provisions of this chapter and from
        other interested parties.

        Cross References.  Section 1107 is referred to in sections
     1102, 1109, 13A08, 13A09 of this title.
Section: Previous 715 716 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 Next
Last modified: November 27, 2007