HomeMy WebLinkAbout80-543 CoslettFACTS:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
February 27, 1980
ADVICE OF CHIEF COUNSEL
Advice # 543
TO: E. Charles Coslett
Coslett & Coslett
515 United Penn Bank Building
Wilkes- Barre, PA 18701
RE: Emancipated, Non - dependent, Son Not Living In Public
Official's Household
On January 25, 1980 E. Charles Coslett wrote this Commission
asking whether a second -class township supervisor's son could
publicly bid on township contracts from time to time. The son
is age 37, does not form part of the supervisor's household, and
has an established paving and excavating business.
DISCUSSION:
The issue is whether section 3(c), 65 P.S. 403(c), applies
to the above fact situation.
The term, "immediate family," is defined by the statute as
"a spouse residing in the person's household and minor dependent
children."
Section 3(c) relates to members of one's "immediate family."
Under these facts, the son is not part of the immediate
of
family and therefore section 3(c) would not apply by reason
relationship.
If, however, the father is a shareholder with an interest
greater than 5 %, or is a debt holder with an interest exceeding
5% of the total assets of the business, then section 3(c) should
be observed.
Section 3(c) does not operate as an absolute bar to contracts
awarded business associates of the public official; it simply
requires that the governmental body shall not enter into any
business contract of $500 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." Thus, even if the second -class township
supervisor has a business interest in the son's business, section
3(c) standards have been met where the contracts are publicly bid.
E. Charles Coslett
February 27, 1980
Page 2
CONCLUSION: code meet
The public bidding requirements of the township
"open and public process" requirreicntfficiai section 3(c) of an
the P Where the publ
the c trt n Et ho Act. business interestuinihis son's business,
and no a c age 3 of any apart from the p a
and his son is age 37 living P
household, section 3(c) does not apply.
Pursuant to Section 7(9)(ii), this advice is
initiated
a complete defense in any enforcement proceeding
by the Commission, and evidence of good faith conduct in
y roviding the
any other civil or criminal proceeding, P the material facts
requestor has disclosed truy in reliance on the
and committed the acts comp lained
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.
DRM /rdp -2
AVID RITTENHOUSE MORRISON
Chief Counsel