HomeMy WebLinkAbout80-509 CogginsTo:
RE:
FACTS:
DISCUSSION:
CONCLUSION:
January 3, 1980
ADVICE OF CHIEF COUNSEL
Ellen Marie Coggins
Chief Counsel
Department of Community Affairs
Harrisburg, PA 17120
80 -509
Spouse of the Secretary of the Department of Community
Affairs serving as a Commissioner in a first -class
township.
On December 31, 1979, Ellen Marie Coggins, Chief Counsel
of the Department of Community Affairs, requested an opinion
regarding the application of the Ethics Act to the husband
of Acting Secretary Shirley Dennis.
"Mr. Dennis is an elected Commissioner in Abington
Township, Montgomery County. The Department of Community
Affairs has entered into contractual agreements with the
township on several occasions prior to her appointment.
Since the Department administers a number of grant programs,
it is probable that we will be executing additional contracts
with the township in the future. Mr. Dennis would have no
personal interest in any of the grants other than that of
an elected official. Secretary Dennis, of course, as the
head of the Department has the final say on any grant which
is made."
The question is what steps must be taken to insure
compliance with the State Ethics Act.
If Mr. Dennis were to take no part in any discussion
involving a contract with the Department of Community Affairs,
there would be no appearance of any conflict with the public
trust.
There is no appearance of a conflict with the public trust
where one spouse is Secretary of the Department of Community
Affairs and the other spouse is a commissioner of a first -
class township where that commissioner of the first -class
township takes no part in any discussion involving contracts
with the Secretary's department.
Ellen • .arie Coggins
January 3, 1930
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.
State Ethics Commission
308 Finance Building
Harrisburg, PA 17120
(717) 733 -1619
DRn /rdp- 3
DAVID RITTENHOUSE TiiORPISOTT
Chief Counsel