HomeMy WebLinkAbout79-546 McFateTO:
DISCUSSION:
CONCLUSION:
STATE ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA 17108
ADVICE OF CHIEF COUNSEL
November 14, 1979
Benjamin G. McFate, Esquire
McFate, McFate and McFate
229 Elm Street
Oil City, PA 16301
Advice Number 79 -546
RE: School board solicitor's partner handling
collective bargaining agreement
FACTS:
On July 16, 1979, Benjamin G. McFate, Esquire,
wrote the Commission asking for advice as to whether a
schocl board solicitor's partner could handle the
collective bargaining for the school board.
He advised that he had previously handled this
aspect of the school district's business, but had
decided to transfer the work to a partner.
The issue is whether a law partner of a school
board solicitor may handle the collective bargaining
work for the school board.
Section 1 of the Act prohibits any activity which
would constitute an appearance of a conflict with the
public trust.
We see no conflict here. The interests of the
school board in its normal business are not adverse to
its same interests in negotiating collective bargaining
agreements.
There is no violation, of Act 170 where a partner
of a school board solicitor handles the collective
bargaining work for the school board.
. Benjamin G. McFate, Esquire
November 14, 1979
page 2
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
the requestor has disclosed truthfully all the material
facts and committed the acts complained of in reliance
on the advice given.
A personal appearance before the Commission and a
formal opinion will be issued upon your request, if you
feel this reply does not suffice.
This letter is a public record and will be made
available as such.
DA D RITTENHiU E MORRISON
Chief Counsel
4