HomeMy WebLinkAbout80-589 BalderstonTO:
FACTS:
DISCUSSION:
CONCLUSION:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBUR'zj, PEA` ASYLVANIA 17120
March 25, 1980
ADVICE OF C.:: EE COUNSEL
Lester A. Balderston c/o
Eric R. Tobin, Esquire
Eastburn & Gray
60 East Court Street
Doylestown, PA 18901
The main issue is whether the renting of frL.ezer space
to the school districts by Mr. Balderston rewired an "cjpEn
and public process," as defined by Section 3(c).
The Commission has already held that supervisors L.f a
township and school directors are two independent 4r• ups,
Ferarri- 1979 -19. Further the Act spPC -i i ca11v , .xempts
teachers in Section 2.
Pursuant to Section 7(9)(ii), this advice is a
complete defense in any enforceme-:t proceeding initiate.;
by the Commission, and evidence yf good fFil condo is
any other civil or criminal procee.c3 prov2 d nc
requestor has disclosed truthfully all the F:u .feria- fz.cts
and committed the acts complained of in re:'ance or t
advice given.
ce # 80 -589
On January 19, 1979, Lester A. Balderston, upc.Kviscr
for Upper Makefield Bucks County, wro the Ccmi. s5.or; for advice.
He owns in excess of 5% interest in a meat business which
rents freezer space to two school districts. His wife is
employed as a substitute library aide in a 3rd district.
A supervisor may contract freezer space to a school board.
Lester A. Balderston c/o
Eric R. Tobin, Esquire
March 25, 1980
Page 2
LRM /rdp -2
A personal appearance before the Commission and a
formal opinion will issued upon your request if you
feel this reply does not :suffice,
'phis letter is public record and will be made
available as such.
AVID RITTENHOUSE MORRISON
Chief Counsel