HomeMy WebLinkAbout80-596 RudolphTO:
DISCUSSION:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
February 21, 1980
ADVICE OF CHIEF COUNSEL
Edward Rudolph Advice # 80 -596
Rudolph, Seidner, Goldstein, Rochestie & Salmon
2137 Galloway Road
Bensalem, PA 19020
RE: Authority Member Entering Into a Lease Agreement With an
Engineering Firm of the Same Authority
FACTS:
On January 29, 1980, Edward Rudolph, Solicitor for the
Bensalem Township Authority, requested an informal opinion
from the State Ethics Commission.
He advised that an authority member as landlord entered
into a lease agreement with an engineering firm of the same
authority, as tenant, and rented office space for $300 per
month.
The issue is whether the leasing of an authority member's
realty to an engineering firm, also employed by that authority,
would constitute a conflict of interest and be barred under
section 3(d), or be subject to the "open and public process"
requirements of section 3(c), 65 P.S. 403(c).
Unless there is some - evidence, and there is none in the
facts, that the lease was entered into in exchange for some
personal favor as a member of the township authority, no
conflict of interest exists by reason of the lease.
Section 3(c) relates to a public official dealing with
the authority directly, and not dealing privately with a
contracting party to the authority. The Commission recognizes
that authority members are often business people and are likely
to deal on a day -to -day basis with other employees of the
authority or with individuals which come before the authority.
No such dealing is prohibited by the State Ethics Act.
Edward Rudolph
February 21, 1980
Page 2
CONCLUSION:
DRM /rdp -2
It is not a violation of the State Ethics Act for an
authority member as landlord to enter into a lease with an
engineering firm which is employed by the authority.
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 disclsoed 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