HomeMy WebLinkAbout80-645 OgburnRoy Ogburn
Borough Solicitor, Meyersdale
Main Street
Berlin, PA 15530
PJS /rdp
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
May 30, 1980
ADVICE OF COMMISSION
Dear Mr. Ogburn:
On March 24, 1980, you asked whether a Meyersdale Borough
Councilman could also serve as delinquent tax collector for the
Borough.
Advice #80 - 645
A Borough Councilman is a public official as that term is
used in Act 170. Section 3(a) prohibits any public official
from realizing personal financial gain from his or her office
or information gained through that office. Section 3(c) requires
that any contract awarded to a public official by their governmental
body would be done through an open and public process.
If the Borough Councilman is to be hired through a contracting
process, this must be done through an open and public process to
avoid conflict of interest. If the Councilman is to be appointed,
a public announcement of this action should be made to avoid the
appearance of, or a real conflict of interest.
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.
You may appeal this advice to the full Commission.
This letter is a public record and will be made available
as such.
AUL
Chair an
SMITH