HomeMy WebLinkAbout80-649 SimonRodger M. Simon
Lane & Simon
317 N. Front Street
Harrisburg, PA 17101
Dear Mr. Simon:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
May 29, 1980
ADVICE OF COMMISSION
Advice #80 -649
On April 29, 1980, you asked for an opinion concerning
Mr. Lee N. Schrack contracting with a borough in which his
wife is a member of council.
Mr. Schrack's wife is a public official as that term is
used in Act 170. Section 3(c) of the Act allows public officials
or members of their immediate family to contract with their
governmental body if the contract has been awarded through an
open and public process including prior public notice and
subsequent public disclosure of all proposals considered and
contracts awarded. In Kilmer, 79 -037 the Commission determined
that no conflict of interest exist if all contracts were awarded
through an open and public process and the public official abstained
from all participation in the governmental body's decision on the
contracts.
Mrs. Schrack would have no conflict under Act 170 if the above
conditions were met in any contracts awarded to her husband.
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.
PJS /rdp
Ar
PAUL 4 SMITH
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