HomeMy WebLinkAbout80-691 MillerDear Mr. Miller:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
July 9, 1980
ADVICE OF THE COMMISSION
Stanley A. Miller, Commissioner
Bureau of Professional & Occupational Affairs
Department of State
On June 27, 1980 you asked for written advice on a
situation involving Mr. Jack H. Thompson, who is a member of
the State Board of Cosmetology and the owner of the J. H.
Thompson's Erie Barber Academy. The Erie Earber Academy is
the site of the barber examination in Erie and the school is
paid approximately $600 annually for holding this exami-
nation. You noted that the Barber Law specifically requires
that Erie is one of the cities in which the examination is
held.
Mr. Thompson is a public official under Act 170.
Section 3(c) requires that contracts which public
officials or public employees have with their governmental
body are awarded through an open and public process.
Mr. Thompson would have no conflict of interest under
Act 170 if the examination contract is awarded through an
open and public process, including prior public notice and
subsequent public disclosure of all proposals considered and
contracts awarded. If there is only one bidder, the contract
may be awarded to that single bidder.
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
PAUL J. USMITH
Chairman
A
80 -691