HomeMy WebLinkAbout80-706 ThomasRobert E. Thomas, Esquire
360 Stonycreek Street
Johnstown, PA 15901
Dear Mr. Thomas:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
August 25, 1980
ADVICE OF THE COMMISSION
80 -706
In your letter of May 27, 1980, you requested, as
solicitor for the Borough of Westmont, an advisory opinion
from the State Ethics Commission relative to the appointed
Secretary of the Borough. You explained that the Secretary,
who does not receive compensation as the appointed Secretary
of the Borough, is also employed by the Borough performing
clerical duties. You further explained that the Secretary's
husband operates a gasoline service station which sells
gasoline to and performs minor repair work for the West
Hill Regional Police Commission. The Commission provides,
by contract, police protection to several municipalities
including the Borough of Westmont. You stated that neither
the Secretary nor her husband are members of the Police
Commission Board. You specifically requested an opinion
from the Commission as to whether Section 3(c) or (h)(1)
of Act 170 prohibits contracting between the Secretary's
husband and the Police Commission.
It is the Commission's opinion that the Secretary is neither
a "public official" or "public employee" as those terms are
defined in Act 170. As secretary to the Borough, she is not a
"public official" because she is not compensated for her
services. In her capacity as an employee of the Borough,
the Secretary is not a "public employee" as she is not
responsible for taking or recommending the type of offical
action set forth in Act 170.
Robert E. Thomas, Esquire
August 25, 1980
Page 2
Section 3(h) of the Act prohibits "any individual who
holds an appointive office in any political subdivision" from
having "an interest in any contract . . .[in] which that
political subdivision shall enter . . . ." It is the Commission's
opinon that Act 170 does not prohibit the Secretary's husband
from contracting with the Police Commission. Section 3(h)(1) of
the Act prohibits an individual holding an appointive office
from having an interest in a contract with the political
subdivision in which the office is held. The Secretary's _
husband's contract is with the Police Commission and not the
Borough of Westmont and therefore Section 3(h)(1) of the Act
is not applicable.
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 /rdp
You may appeal this Advice to the full Commission.
AUL J. ,MITH
Chairman