HomeMy WebLinkAbout81-515 SpataroSTATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
February 24, 1981
ADVICE OF COUNSEL
Anthony J. Spataro
Bureau of Press and Communications
Pennsylvania Department of Education
10th Floor, Education Building
333 Market Street
Harrisburg, PA 17120
1981.
81 -515
RE: Contracts, Bids
Dear Mr. Spataro:
This responds to your communication of February 6,
Issue: In your communication you requested an opinion as to
whether you may prepare and submit bids to act as a public
auctioneer for agencies of the Commonwealth not related to
the Pennsylvania Department of Education.
Facts: You indicate that you are currently a full -time
employee of the Pennsylvania Department of Education, Bureau
of Press and Communications. In addition, you are a licensed
auctioneer. You wish to submit bids to the Commonwealth of
Pennsylvania, Department of Revenue, Escheats Division to
serve as auctioneer in several auctions to be held in the
period of April 1, 1981 through June 30, 1981. In addition,
the Harrisburg State Hospital has indicated that they are
accepting bids for a similar auction to be held on March 25,
1981. You would like to submit a bid for this auction as
well.
Discussion: There is no specific provision of the Ethics
Act which precludes you from contracting with the Pennsyl-
vania Department of Revenue or the Harrisburg State Hospital.
The only provision of the Ethics Act which would have any
applicability would be Section 3(c) which precludes any
public official from contracting with "a governmental body"
in an amount of $500 or more unless the contract has been
awarded through an open and public bid process.
Anthony J. Spataro
February 4, 1981
Page 2
not
In your case the contracts which you roposenare body"
ones which would be deemed to be with "a gover
which has been defined by the Ethics Commission as that
governmental body with which you have been associated. In
your case, your association is almost entirely with the
Pennsylvania Department of Education. Therefore, even as to
contracts with the Pennsylvania toethetopen andRpublic,bidese
subject
contracts would not be any
Act. y
In
requirements of Section 3(c) of the Et a of
event, it appears that the contract with the Dep
to
Education would be an open and public one, if awarded
t were
you, and these provisions in Section 3(c),
applicable, would have been met.
In relation to the contract with the Harrisburg State
Hospital there is no prohibition against
tat your
Hs fission of
bids to this entity, as the Harrisburg
not appear to be the "governmental body" with which you are
associated or otherwise within the jurisdiction of the State
Ethics Act.
Conclusion: The Ethics Act contains no prohibitions against
your submission of bids for the oflPennsylvania�oneer
on a contract basis with the State Hospital.
Department of Revenue or with the Harrisburg
Accordingly, under the Ethics Act, no prohibitions
osexist tin
theaCoon ommo no awealt coDeh, you
the Harrisburg
the Cnitp
State Hospital.
ii ,
Pursuant to Section 7(9)( this Advice is a complete ) initiated by the
defense in any enforcement proceeding
Commission, and evidence of good faith conduct g in s any o th er
civil or criminal proceeding, providing
disclosed truthfully flintreliancelon the t Advice c given ted
the acts complained o
This letter is a public record and will be made available
as such.
Finally, if you disagree with thism Advice ortif you
the
at
have any reason to challenge same, yy ersr atpe
full Commission review this Advice.
and a formal Opinion
before the Commission may be
from the Commission will be issued. should maeewiuchna
request or indicate your disapproval
the next 30 days.
SSC /rdp
Sincerely,
andra istianson
General Counsel