HomeMy WebLinkAbout80-514 MahaneyTO:
FACTS:
DISCUSSION:
CONCLUSION:
STATE ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA 17108
ADVICE OF CHIEF COUNSEL
December 14, 1979
80 -514
George F. Mahaney
Mahaney, Mirizio, Kladitis, Bell & Epstein
123 East State Street
Sharon, Pennsylvania 16146
RE: Application of §3(c) to Borough Secretary Appointment
On September 24, 1979, George F. Mahaney wrote
this Commission to ask how §3(c) of the State Ethics
Act should apply to the hiring of the spouse of a
Borough Councilman as Borough Secretary.
The issue is whether a Borough Secretary is a
public official or public employee, and if so, should
§3(c) apply?
§53 P.S. 46104 of the Borough Code states that
a Borough Secretary holds an office. Therefore a
Borough Secretary is a public official.
The purpose of §3 (c) relates to contracts for
goods or services of a public official, and not the
appointment itself.
Therefore, §3(c) is inapplicable to the appointment
of a Borough Secretary.
A Borough Counsel need not comply with §3 (c) of
the State Ethics Act in appointing a Borough Secretary.