HomeMy WebLinkAbout80-512 JohnstonTO:
RE:
FACTS:
He advised as follows:
STATE ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA 17108
January 22, 1980
ADVICE OF CHIEF COUNSEL
r
Ralph J. Johnston
700 First Eastern Bank Building
Wilkes - Barre, Pennsylvania 18701
Mayor of a Third -Class Municipality authorizing a Commissioner
in his private business to write bonds covering three employees
of the City Tax Collection Office.
80 -512
On January 14, 1980 Ralph J. Johnston, Solicitor for Luzerne
County, requested the Advice of Chief Counsel in regard to a
possible conflict of interest.
Mr. Crossin is a member of the Board of Commissioners of
Luzerne County and in his private capacity conducts an
insurance business. The mayor of the city of Wilkes - Barre,
a third -class city, has requested and authorized
Mr. Crossin, through one of the insurance companies he
represents, to write the bond covering three employees of
the Tax Collection Office of the city of Wilkes- Barre. The
cost of this contract would exceed the sum of $500.00,
and the commission realized by Mr. Crossin's office
would exceed the sum of $500.00.
Wilkes -Barre City collects the taxes for the current year
for Luzerne County, as well as the Wilkes -Barre city taxes and
the Wilkes -Barre Area school taxes. Luzerne County contributes
$1,000.00 to the city of Wilkes -Barre as the county's share of
the Tax Collection Office for the collection of the Luzerne
County taxes.
The Board of Commissioners of Luzerne County has no
jurisdiction whatsoever over the mayor of the city of
Wilkes -Barre or the City Council or the employees of the city
of Wilkes- Barre, including the employees of the Tax Collection
Office.
Ralph J. Johnston
January 22, 1980
Page 2
DISCUSSION:
The issue is whether the city of Wilkes -Barre and the
county of Luzerne are the same governmental body for purposes
of Section 3(c) of the State Ethics Act.
Section 3(c), 65 P.S. 403(c), of the State Ethics Act
requires inter alia, that:
No public official... or any business in which the
person or a member of his immediate family is a director,
officer, owner or holder of stock exceeding 5% of the
equity at fair - market value of the business shall enter
into any contract valued at $500.00 or more with a
governmental body [with which that public official is
associated] unless the contract has been awarded through
an open and public process, including prior public notice
and subsequent public disclosure o all proposals
considered in contracts awarded....
It is the opinion of the State Ethics Commission that
a third -class municipality and a county are two
separate, independent governmental bodies. See T.C. Williams,
79 -12. The fact that Luzerne County contributes $1,000.00
to the city of Wilkes -Barre for the collection of Luzerne
County taxes is not sufficient involvement as to imply
control by the county of Luzerne over the city of
Wilkes - Barre.
CONCLUSION:
A city and a county are two different governmental
bodies, therefore, the prior public notice provisions of
Section 3(c) do not apply. The $1,000.00 contributed by
the county to the city for collection of county taxes is
not sufficient involvement to require that the bonding of
the tax collectors be bid in order for a county commissioner/
insurance broker to provide the bond.
The opinion of the commission is solely related to the
State Ethics Act, and does not extend to the requirements of
any other statute or regulation which may relate to this fact
situtation.
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.
1
Ralph J. Johnston
January 22, 1980
Page 3
DRM /rdp -1
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 RITTENHOUSE MORRISON
Chief Counsel