HomeMy WebLinkAbout80-682 DavisJames T. Davis
Solicitor, South Union Township
Law Offices Davis & Davis
99 East Main Street
Union Town, PA 15401
Dear Mr. Davis:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
June 23, 1980
ADVICE OF THE COMMISSION
Advice #80 -682
On June 11, 1980, you asked whether a township's purchase
of 2 acres of real estate owned by a township auditor would
be a conflict under Act 170. You stated that the real estate
is needed to construct a township recreational building and
is located directly across the road from the township municipal
building. You also said that the property would be appraised
by a qualified appraisor and any action taken would be done at
a regularly scheduled public meeting of the township supervisors.
The auditor is a public official as that phrase is used in
Act 170 and therefore is in a covered position.
Section 3(c) of the Act allows a public official or public
employee to have a contract with his or her governmental body as long
as it is done through an open and public process. While this
transaction would not be in the nature of a contract, the principle
of section 3(c) would apply.
There would be no conflict of interest or anything ethically
improper if this transaction were completed as long as it is
done through an open and public process and an independent auditor
is employed to audit this transaction.
James T. Davis
June 23, 1980
Page 2
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.
This letter is a public record and will be made available
as such.
PJS /nia
You may appeal this advice to the full Commission.
\ AUL J. ITH 1v74'
Chairma