HomeMy WebLinkAbout80-500 ReederTO:
RE: Reappointment of Borough Solicitors
FACTS:
DISCUSSION:
CONCLUSION:
STATE ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA 17108
January 7, 1980
ADVICE OF CHIEF COUNSEL
Harvey B. Reeder, Esquire
331 Penn Street
Huntingdon, PA 16652
Advice Number 80-500
On September 16, 1979 Harvey B. Reeder inquired "as to
what, if anything, may be necessitated in any way of action
by the governmental bodies in order that arrangements with
solicitors may be renewed."
In King, 79 -34, the Commission held that "all contracts
between [a solicitor] and any governmental body with which
[that solicitor is] already employed must meet the notice
requirements of section 3(c) of the Act."
The notice requirements of section 3(c) are met if
prior public notice is given in accordance with the Sunshine
Act that a certain borough solicitor is being considered for
reappointment.
Boroughs must follow the public notice requirements of
section 3(c) in reappointing their borough solicitors.
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.
Personal appearance before the Commission and
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.
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DRM:rdp -3 Chief Counsel
ISON