HomeMy WebLinkAbout80-667 HackettMr. Leo A. Hackett
Fronefield and DeFuria
107 West Third Street
Media, PA 19063
Dear Mr. Hackett:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
June 6, 1980
ADVICE OF THE COMMISSION
On September 21 and 24, 1979 you asked for advice on the following
questions:
Advice #80 -667
1. Must the school district comply with the open and public process
provision of Section 3(c) if the daughter of the assistant super-
intendent of schools has applied for a teaching position?
2. May the governing body employ the son of a member of the governing
body who is not a minor but who resides in the household of the
merlber of the governing body?
3. Does Section 3(c) cover a contract for personal services valued
at $500 or more or does the section refer to contracts relating
to purchase of equipment, supplies and materials, etc.?
On March 12, 1980 the Commission issued an Opinion to Mr. James S. Routch
(80 -019) which covered the questions you had asked.
Section 3(c) does not apply to employment contracts. A relative of a
public official or public employee may be employed by that official or
employee's governing body without meeting the open and public process re-
quirements of Section 3(c). However, there should be a public notice of
the position and employment action to avoid the appearance of conflict.
Mr. Leo A. Hackett
Page -2-
June 6, 1980
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.
PJS /jc
You may appeal this advice to the full Commission.
This letter is a public record and will be made available as such.
PAUL J.'SMITH
Chairman