HomeMy WebLinkAbout79-516 MoyerSTATE ETHICS COMMISSION
HARRISBURG, PA.
ADVICE OF CHIEF COUNSEL
TO: Jay Moyer
Moyer Electric Company
Main Street
Harleysville, PA 19438
RE: DUTIES OF AN UNCOMPENSATED PUBLIC APPOINTEE
FACTS:
DISCUSSION:
Advice Number 79 - 516
Jay Moyer is an uncompensated appointee to the Lower
Salford Township park board. He is a holder of an interest
in an electrical supply business in excess of 5% of the'equity
of the business.
ISSUE:
To what extent may the park board order materials from the
Moyer electric store?
The State Ethics Act defines the term "public official"
as not including "any appointed official who receives no com-
pensation other than reimbursement for actual expenses ".
Section 3(h)(1) requires "any individual who holds an
appointive office in any political subdivision shall not have
an interest in any contract or construction which that political
subdivision shall enter or have an interest." Section 1 of
the State Ethics Act requires liberal construction of the Act
to promote complete disclosure.
It is the opinion of the Commission that the term "any
individual" as set forth in Section 3(h)(1) implies the term
"compensated individual ", such that Jay Moyer is not an indi-
vidual under the terms of Section 3(h) of the Act. To construe
the Act otherwise, would conflict with the term, "public Official ",
supra.
Section 1 of the Act requires that holders of candidates of
public office present neither a conflict nor the appearance of
a conflict with the public trust. Thus, Jay Moyer, in his tenure
as the Chairman of the Lower Salford Township Park Board must not
give the appearance of impropriety. In order to avoid the appear-
ance of impropriety, there should be prior public notice and sub-
sequent public disclosure of any and all major contracts between
Moyer's Electric Company and the Lower Salford Township Park
Board. Please note that prior public notice and an open and
public process as set forth in Section 3(c) does not require
that the Park Board take the lowest bid. That decision is left
entirely with the Park Board.
2.
The critical feature of the State Ethics Act is full and
complete disclosure.
CONCLUSION:
There is no conflict of interest in the Lower Salford Town-
ship Park Board purchasing materials from the Moyer's Electric
Corporation during the tenure of Jay Moyer as Chairman of the
Park Board, providing purchases in excess of $500 are made with .
prior public notice and subsequent public disclosure as set forth
in Section 3(c) of the Act.
A personal appearance before the Commission and a formal
opinion will be issued upon your request, if you feel this reply
does not suffice.
Pursuant to Section 7(9)(ii), this advice is a complete
defense in any enforcement proceeding initiated by the Commission,
and evidence of good faith conduct in any other civil or criminal
proceeding providing all the material facts have been truthfully
disclosed and the acts complained of are in reliance on this
advice.
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