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