HomeMy WebLinkAbout79-522 HamiltonWilliam H. Hamilton, Jr.
P.O. Box 284
Conshohocken, PA 19428
September 4, 1979
ADVICE OF CHIEF COUNSEL
Advice Nummer 79 -522
RE: Prohibitions of Act 170 on a local government official
conducting business with other governmental bodies.
FACTS:
On August 12, 1979 you requested an opinion of the
Commission on the application of Act 170 to you having
contracts with the Montgomery County Community College.
You are an elected supervisor of Whitemarsh Township
Montgomery County; you are in your fourth year of a six
year tern.
You are - with your wife - sole owner of Bill Hamilton
Associates Incorporated. You are also an employee of the
Corporation.
This corporation has handled publication, design, and
advertising for the Montgomery County Community College.
Whitemarsh Township has no control, influence, or
relationship with the Community College.
DISCUSSION:
The Commission has consistently defined the phrase
"governmental body with which he is associated" as the body
in which the person is an employe or officiali
Except for appointed officials, employees and officials
may contract with the governmental body with which they are
associated as long as that contract has been awarded through
an open and public process as that phrase is defined in
Section 3(c).
The Commission has also held in a number of opinions
(T. C. Williams, Joseph R. Womer, Lee M. Ransavage, H.C. Harbin)
that Act 170 places no prohibitions on encumbrance on officials
conducting business with governmental bodies other than the
one with which they are associated.
CONCLUSIOII:
You can enter into contracts and perform services for
the Montgomery County Community College without concern for
any of the requirement of Act 170 of 1970.
Pursuant to Sections 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 the requestor
has disclosed truthfully all the material facts and eormnitted
the acts complained of in reliance on the advice given.
If youswish to have .a formal opinion of the Commission
and make a presentation in a public meeting at that formal
opinion, please notify me.
Da$id Rittenhouse Morrison
Chief Counsel