HomeMy WebLinkAbout79-555 SenecaTO:
RE:
FACTS:
DISCUSSION:
STATE ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA 17108
ADVICE OF CHIEF COUNSEL
December 19, 1979
Anthony J. Seneca
Seneca and O'Dell, P.C.
Attorneys at Law
335 North Main Street
Washington, PA 15301
Application of §3 (c) to Borough Secretary
Contract
Adt' ce Num er• 7g,,555
On September 18, 1979 Anthony J. Seneca, Solicitor
for Ellsworth Borough, requested a decision from the
Commission as to whether a contractual arrangement between
borough secretary and the borough is subject to S3 (c)
of Act 170 of 1978. He also asked if the S3 (c) require-
ments of open and public process can be performed biannually.
The issue is whether §3 (c) 65 P.S. 403 (c), applies
to the appointment of a borough secretary.
In order for §3 (c) to apply, there must be a business
or family relationship between a member of that govern-
mental body and the person who is being considered for
appointment or employment.
The facts do not indicate this relationship exists.
Therefore, §3 (c) is inapplicable to the appointment
of a borough secretary.
CONCLUSION:
A borough council need not comply with §3 (c) in
the appointment of a borough secretary, annually or
otherwise.
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
ADVICE OF CHIEF COUNSEL
PAGE 2
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.
DAVID RITTENHOU MORRISON
Chief Counsel