18469_Authority_June

municipalauthorities.org | 17 Date: Re: To: From: February 26, 2025 Public access to Statements of Financial Interests All Governmental Bodies required to maintain Statements of Financial Interests Mary W. Fox, Executive Director, Pennsylvania State Ethics Commission The Ethics Act states that citizens have a right to be assured that the financial interests of our public officials and public employees do not conflict with the public trust. The filing of Statements of Financial Interests (SFIs) – and public access to those records - is one of the most fundamental ways to identify conflicts between public and private interests. The State Ethics Commission has received citizen complaints that governmental bodies are requiring Right to Know Law (RTKL) requests to access SFIs. This unnecessary practice delays citizen access to public records, raises questions regarding transparency, and imposes additional administrative obligations and costs. Statements of Financial Interests are public records. The Ethics Act requires that SFIs be publicly available for inspection and copying during regular office hours and that governmental bodies provide copying facilities at a charge not to exceed actual cost. 65 Pa.C.S. § 1104(e). SFIs more than one year old must be made available for public inspection and copying within two working days after the request has been made. 51 Pa. Code § 19.4(c). This means that governmental bodies must make SFIs available for inspection and copying during regular office hours, without the need for an RTKL request . It also means that governmental bodies may not redact any of the information that is required by the Ethics Act to be listed on the SFI. Legal requirements and best practices for handling requests for SFIs: • Provide access to current-year SFIs immediately. • Provide access to SFIs that are more than one year old within two working days. • Do not redact any information that is required to be listed on the SFI. If extra information is listed on the SFI, you may wish to consult with your solicitor and redact the extra information if it is otherwise exempt from public disclosure under the RTKL. • Destroy SFIs that were filed more than five years ago (as long as there is no pending request for or other litigation involving the SFI). • Educate your public officials, public employees, and solicitors that they should list only what is required, and nothing more. • Contact the State Ethics Commission with questions – (717) 783-1610 or www.ethics.pa.gov. PHONE: 717-783-1610 STATE ETHICS COMMISSION FACSIMILE: 717-787-0806 TOLL FREE: 1-800-932-0936 FINANCE BUILDING WEBSITE: www.ethics.pa.gov 613 NORTH STREET, ROOM 309 HARRISBURG, PA 17120-0400