HomeMy WebLinkAbout80-535 SteffTO:
CONCLUSION:
STATE ETHICS COMMISSION
P. 0. Box 1179
Harrisburg, PA, 17108
James C. Steff
Borough Manager
Borough of Penbrook
150 South 28th Street
Harrisburg, PA 17103
ADVICE OF CHIEF COUNSEL
February 26, 1980
Advice # 535
RE: Elected public official providing a service to his
municipality.
FACTS:
On August 3, 1979, Mr. Steff asked the Commission whether
the borough mayor who owns and operates a local automobile
repair station, may maintain the borough's two police vehicles.
DISCUSSION:
The issue is whether an elected official may conduct
business with his or her municipality.
The Mayor of Penbrook is a public official as that term
is used in Act 170.
Section 3, subsection (c) of Act 170 requires that any
public official or public employee or member of his or her
immediate family and owner or holder of stock exceeding 5%
of the equity at fair market value of the business shall
not enter into a contract valued at $500.00 or more unless
the contract has been awarded through an open and public
process including prior public notice and subsequent public
disclosure of all proposals considered and contracts awarded.
In this case, it is difficult to estimate the repair
costs of the vehicles. For example in 1978, they ranged
from $93.00 to $513.00.
There is no conflict of interest in the Mayor of Penbrook
providing services to that borough. There are no requirements
under the Act for repair costs of less than $500.00. When it
appears that the repair costs will be $500.00 or more, an open
and public process as defined in Act 170 must be followed. The
Commission suggests that an annual contract be awarded through
an open and public process to avoid even the appearance of a
conf?.vct of interest.
Mr. James C. Steff
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.
DAVID RITTENHOUSE MORRISON
Chief Counsel