HomeMy WebLinkAbout80-575 WankoTO:
FACTS:
DISCUSSION:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
March 13, 1980
ADVICE OF CHIEF COUNSEL
John Wanko
Vice President
Pye Karr Ambler & Co., Inc.
Thomas and Water Streets
Jenkintown, PA 19046
RE: School Board Member
Advice 4! 80 -575
On January 9, 1980, John Wanko, a school director, wrote
this Commission for an opinion.
He advised that his school district contracts for its
busing with an independent contractor and that as a board member
of the insurance firm of which he is employed has an opportunity
of reviewing the bus contractor's insurance, and if he can im-
prove the coverage or reduce the cost, he would then be awarded
the business.
The issue is whether a business associate of a school board
member can negotiate an insurance contract with a contractor
of the school board where the insurance is required by the school
board.
Section 3(c), which prohibits a public official or public
employee from contracting with his or her governmental body unless
there is an open and public process does not apply because the
insurance is not with the governmental body.
However, Section 3(d) of the State Ethics Act permits the
State Ethics Commission to address other areas which relate to
a conflict in interest.
A conflict of interest exists when a public official re-
presents two or more parties who have an interest reverse to
eachother. Mr. Wanko does not directly represent the contractor
with the school board, nor does it appear from the facts that
he has any role in the bus contractor's decision.
Wanko
March 13, 1980
Page 2
CONCLUSION:
DRM /af
There is no conflict of interest under Act 170 for a school
board director to serve on a school board where his business
associate attempts to sell insurance to a busing contractor even
when this contractor has business with the school district.
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 re-
liance on the advice given.
Personal appearance before the Commission and 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.
D1V] D RITTEN!IOUSE MORRISON
Chief Counsel