HomeMy WebLinkAbout79-511 BrownADVICE OF CHIEF COUNSEL
Allan P. Broom
Personnel Director
Department of Education
Dear : it. Brown:
August 13, 1979
Room 550, Education Building
Harrisburg, PA 17126
In your letter of January 10,. you asked whether a conflict
of interest exists in the case of Mr. -Gary Neights, an Education Media
Specialist in the Department of Education'and part -owner of an insula-
tion business.
1r. Neights, in his attached letter, stated he has no responsibility
"dealinq with budgets for the intermediate units of schools ". In
addition, he said his firm occasionally bids on school building insula-
tion jobs.
Section 3(c) allows public officials or public employees to enter
into contracts with a governmental body as long as the contract "has
been awarded through an open and public process, including prior public
notice and subsequent public disclosure of all proposals considered
and contracts awarded."
•
' ?r. Neights would have no conflict of interest under Act 170 as
lops; as all bids and contracts in which his form participates, meet the
open and public process described above.
This advice gives you the protection of Section 7(9)(ii) of Act
170 which states:
"It shall be a complete defense in any enforcement proceeding
initiated by the Commission, and evidence of good faith con-
duct in any other civil or criminal proceeding, if the reclues-
ter, at least 21 wor 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 of such later extended time."
If you want a formal opinion of the Commission, please notify me.
You would be allowed to make a personal presentation at the public
hearing on that formal opinion.
Sincerely,
Advice Number + 511
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