HomeMy WebLinkAbout81-510 MasserMr. Keith Masser
P.O. Box 3
Sacramento, PA 17968
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
February 4, 1981
ADVICE OF COUNSEL
RE: Township Supervisors, Rental Contract
Dear Mr. Masser:
81 -510
This responds to your letter of November 5, 1980 in which
you, as Chairman of the Hubley Township Supervisors, requested
an Opinion from the Ethics Commission.
Issue: You request advice as to whether a Township may rent an
equipment shed from one of the Township Supervisors.
Facts: You informed us that the Hubley Township Board of
Supervisors plans to rent an equipment shed to store Township
vechicles. The rental on the shed will not exceed $300.00 per
year and will be paid to a Township Supervisor, owner of the
shed.
Discussion: Township Supervisors, as elected officials, are
public employees within the meaning of the Ethics Act, 65 P.S.
§402. The statute further provides that:
(c) No public official or public
employee or a member of his
immediate family or any business
in which the person or member of
the person's immediate family is
a director, officer, owner, or
holder of stock exceeding 5% of
the equity at fair market value of
the business shall enter into any
contract valued at $500 dollars or
more with a governmental body unless
the contract has been awarded through
an open and public process ... id,
§403 (emphasis added).
Accordingly, there is no inherent violation of the Act
when a public official makes a contract with a governmental
body. Such contracts must be awarded by an open and public
Mr. Keith Masser
February 4, 1981
Page 2
process only when the value of the contract exceeds $500. A
contract valued at less than $500 does not even fall within the
purview of Section 3(c) of the Ethics Act so it need not be
awarded in an open and public manner. The $300 rental of a
shed from a Township Supervisor does not violate the Ethics Act
or fall within the "open and public" requirements of Section
3(c).
The Supervisor should be aware, however, that the Act
prohibits any public offical from using his public office or
any confidential information obtained through his holding of
public office to obtain financial gain for himself or a member
of his immediate family, 65 P.S. §403(a). This section prohi-
bits the Township Supervisor from using his office to obtain
the contract for the rental for his shed. In an analogous
situation the Commission has ruled that to comply with the
spirit of Act 170 the public official should abstain from all
official decisions concerning the rental of his shed to the
Township. Kilmer, 79 -037. The Supervisor should have the
reason for his abstention entered on the public record.
Conclusion: It is not a violation of the Ethics Act for a
Township to rent an equipment shed from a member of the Township
Board of Supervisors. Because the rental contract is valued at
less than $500 per year it does not have to be awarded in an
open and public process as set forth in Section 3(c) of the
Ethics Act. The Supervisor should, however, refrain from
voting on official decisions concerning the rental of the shed
to avoid the apperance of a conflict of interest and should
place the reasons for his abstention on the public record.
Pursuant to Section 7(9)(ii), this Advice is a complete
defense in any enforcement proceeding initiated by the Commis-
sion, 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.
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.
SW /rdp
Si cerely,
ndra ristianson
eneral C. nsel