OFFICIAL OPINION No. 4

OFFICIAL OPINION No. 4 Israel Packel Attorney General Publ ic Ser1•icc lllstit11te Board - Legi.,/ali1T Intent. 1. Due to the ambiguity of the legislative intent as to the future of the Public Service Institute Board, the Department of Community Affairs may la_wfully carry on the programs of the Public Service Institute Board pursuant to its general powers. 2. The repeal of Section 454 of The Administrative Code o_f 1929._71 P.S. §164 makes the legislative intent toward the existence of the Pubhc Service Institute Board ambiguous. :3. The general powers of the Department of Community Affairs. enumerated_ by the Act of F ebruary l, 1966. P.L. (1965) 1849. No. 582. 71 P.S. §670.101. pr_ovide the same kinds of powers which the Public Service Institute Board had previously ex- ercised. 4. Therefore. the functions of the Public Service Institute Board may lawfully be carried on by the Department of Communi ty Affairs. Hon. William H. Wilcox, Secretary Department of Community Affairs Harrisburg, Pennsylvania Dear Secretary Wilcox: Harrisburg, Pa. January 16, 1974 You have asked for our opinion with respect to whether the func- tions of the Public Service Institute Board (providing in-service training to state and local officials) may lawfully be carried on by the Departrpent of Commu_nity Affairs (DCA) in light of the repeal by the Legislature of Sect10n 454 of The Administrative Code of 1929, 71 P.S. §164 and the resulting inoperation of the Public Ser- vice Institute Board. You are informed that the Department may lawfully do so. T~e Public Service Institute Board was originally established by Sect10n 202 of The Administrative Code of 1929, 71 P.S. §62 as a depar~m ental adll)inistrative board in the Department of Public In- struct10n (Educat10n). · Ol'INIONS OF THE ATTORNEY GENERAL 15 Section 1313 of The Administrative Code of 1929, added by the Act of May 13, 1947, P.L. 211, §3, 71 P.S. §363, mandates that: It shall be the duty of the Public Service Institute Board to establish, and from time to time revise, a program for the in-service training of State and local officials of Penn- sylvania, and to provide for the administration thereof; to prescribe qualifications of specialists, teachers, and other persons employed by the Superintendent of Public Instruc- tion to carry out the program established by the board; to receive funds from other sources, and to have all such powers as may be needed to qualify to receive and expend such funds to carry out its program, and to make a biennial report to the Superintendent of Public Instruction on the progress of the program of in-service training, which report shall be included in the biennial report of the Superintendent of Public Instruction to the Governor. Reorganization Plan #1of1973 transferred the Public Service In- stitute Board, minus its jurisdiction over the State Firemen's Train- ing School, to the Department of Community Affairs. Thus, DCA has a statutorily-mandated departmental administrative board with the above-quoted duties. There are, however, no statutory guidelines as to the composition of the board. Section 454 of The Administrative Code of 1929, 71 P.S. §164, add- ed May 13, 194 7, P.L. 211, §2, established, inter alia, the number of board members, their terms of office and their remuneration. However, Section 454, was repealed by Section 3 of the Act of February 1, 1966 (No. 582), P.L. (1965) 1849. Act582 established the Department of Community Affairs and enumerated its powers and duties. Section 3 simply states: Section 454 of the Act [Administrative Code], added May 13, 1947, P.L. 211, is repealed. No further mention of the Public Service Institute Board is includ- ed in Act 582. Thus, there is no clear method of determining how or with whom to reconstitute the Board. It is significant that the repeal of Section 454 was accomplished through the Act which created the Depa:tment of Commun_ity Af- fairs and which gave DCA the same kmds of powers which the Public Service Institute Board had previously exercised. Section 7 of Act 582 provides, inter alia, that: The Department of Community Affairs shall have the power, and its duties shall be: *** (c) Maintain close contact with all local governments to 16 OPINIO N::; OF T H E ATTO RNE Y GE NERAL help them improve their administrative methods and to foster better municipal government and development. *** (f) Provide direct consultive service? to politi~al sub- divisions upon requests and staff ser\'.1ces to spec1~l com- missions, or the Governor. or the Legislature as directed. *** (i) To furnish assistance to political subdivisions in the preparation of and advice on enforcement of codes and or- dinances. Given these developments, the intention of the Legislature with respect to the future of the Public Service Institute Board is am- biguous, to say the least. Considering the extreme importance of the work involved and the need for it to continue until such time as this ambiguity is removed, we consider it to be both lawful and proper for the Department of Community Affairs to carry on the programs of the Public Service Institute Board. In order to conduct such programs, the Department may supervise present Public Service Institute personnel, operate Public Service Institute programs, and incorporate such into the overall operation of the Department. Sincerely yours, Mark P. Widoff Deputy Attorney Ge 11eral Israel Packel Attorney Ge11e ra I