HomeMy WebLinkAbout80-646 PurselCharles B. Pursel
Derr & Pursel
238 Market Street
Bloomsburg, PA 17815
Dear Mr. Pursel:
PJS /rdp
clup
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
May 29, 1980
ADVICE OF COMMISSION
On March 27, 1980, you asked whether a school director's
wife, owning 1/3 of a corporation which seeks to contract with
a school district in which her spouse is a director would have
a conflict of interest under Act 170.
A school director is a public official as that term is
used in Act 170. Section 3(c) of the Act prohibits an elected
public official or member of his or her immediate family from
contracting with his or her governmental body unless the contract
is awarded through an open and public process.
A school director would have no conflict under Act 170 if
contracts with the corporation in which his wife holds an
interest are awarded through an open and public process and he
abstains from participation in the decisions on those contracts.
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 avaiable
as such.
AUL J. 'i ITH
Chairma
Advice #80 -646