HomeMy WebLinkAbout80-695 DiCelloCarl F. DiCello, Manager
Borough of Northampton
1516 Main Street
Northampton, PA 18067
Dear Mr. DiCello:
PJS /nia
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
August 5, 1980
ADVICE OF THE COMMISSION
80 -695
On July 17, 1980, you asked whether a conflict
would exist where a borough policeman sells equipment to
the Borough.
You attached a letter from Mr. Sandor Engel, a
borough solicitor, who concluded that there was no conflict
under the borough code but recommended seeking the advice
of the Ethics Commission.
The regulations of the Commission state that a
police officer is not considered a public employee except
in cases where he or she is involved in recommending and
taking official action in those functions specified in Act
170. The police officer in this case appears not to have
any of those involvements. Therefore, he or she is not a
public employee in the terms of Act 170.
The Police officer would have no conflict under
Act 170 by selling equipment to the Borough. However, it
must be noted that the police officer would be a "person"
as that term is used in Section 3(b) of the Act and must
conduct his or her business within the terms of that Section.
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.