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HomeMy WebLinkAbout80-715 KnoxSTATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 September 18, 1980 ADVICE OF COUNSEL Wallace J. Knox 80 -715 Knox, Graham, McLaughlin, Gornall & Sennett, Inc. 120 W. Tenth Street Erie, Pennsylvania 16501 RE: Opinion Request Harborcreek School District (Thomas Sanders) Dear Mr. Knox: This responds to your communications of July 28, July 31, and August 26, 1980. Issue: In your communications you requested an opinion as to whether a conflict of interest would exist under Act 170 if a member of the school board of Harborcreek School District (Mr. Thomas Sanders) who is also a newspaper editor working for a newspaper holds a contract with the high school band booster club. Facts: You indicated that the band booster club was going to sell newspaper subscriptions for $5 per year and would then "split" the subscription fee between the band booster club and the newspaper. This club is formally incorporated as a non - profit coporation under the provisions of the Public School Code of 1949, 24 F.S. 5 -511. In addition you indicated that the contracts between the newspaper and the booster club have not been made by Mr. Sanders but rather by another employee of the newspaper. You indicated that although Mr. Sanders does not presently hold an ownership interest in the newspaper, or the coporation which publishes the newspaper, Mr. Sanders may be expected to obtain, in the near future, a 25% stock - ownership interest in the newspaper or the corporation which publishes the newspaper. Wallace J. Knox September 15, 1980 Page 2 Discussion: It is my opinion and you are so advised that if and when Mr. Sanders acquires such an interest, in order to avoid the appearance of a conflict of interest, he should abstain from participating in school board decisions in matters involving that newspaper or the corporation which publishes the newspaper in general. With specific relation to the contract between the band booster club and the newspaper, it is even more clear that Mr. Sanders should refrain from voting on such contracts if he holds the aforementioned stock ownership interest. Conclusion: Mr. Sanders' conduct should conform to the requirements of this opinion. 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 avail- able as such. Finally, if you disagree with this Advice or if you have any reason to challenge same, you may request that the full Commission review this Advice. A personal appearance before the Commission may be scheduled and a formal Opinion from the Commission will be issued. You should make such a request or indicate your disapproval of this Advice within the next 30 days. SSC /rdp Si erely, cc: Dr. Robert D. Mulvin, Superintendent Harborcreek School District Mr. Thomas Sanders Edward M. Seladones, Executive Director State Ethics Commission andra — "h stianson General Counsel