HomeMy WebLinkAbout81-566 TaddonioLee C. Taddonio, Member
House of Representatives
3619 Forbes Trail Drive
Murrysville, PA 15668
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
May 4, 1981
ADVICE OF COUNSEL
RE: Contracting, Member of Legislature
Dear Representative Taddonio:
81 -566,.
This responds to your letter of April 29, 1981 in which
you request advice from the State Ethics Commission.
Issue: You request an opinion as to the propriety of a
member of Legislature engaging in the selling of computer
systems to units of local government.
Facts: You are currently serving as Member of the House of
Representatives. You wish to engage in the selling of
computer systems to units of local government.
Discussion: In a previous Opinion issued November 7, 1979,
No. 79 -069, you were advised that there was no inherent
conflict of interest if a member of the Legislature were to
sell computer system services to his fellow members of the
Legislature for their personal use and performance of the
normal legislative duties. The situation which you inquire
about most recently is substantially the same as the
previous opinion.
Specifically, there is no inherent conflict or prohi-
bition contained in the Ethics Act if you were to sell
computer systems to units of local government. Essentially,
Section 3(c) of the Ethics Act, 65 P.S. 403(c) ,does not
preclude such contracting and sales except as those sales
may relate to the "governmental body" with which the member
of the Legislature is associated. It is clear that a member
of the Legislature is not "associated with" units of local
government within the meaning of Section 3(c).
Lee C. Taddonio, Member
May 4, 1981
Page 2
Accordingly, you c_—e not prohibited from engaging in
such contracts or sales. You should remember, however, that
any income over $500 derived from any source, such as the
sales or contracts in question, must be reported on your
Financial In Statement.
In addition, such contracts or sales should not be
acquired through the use of confidential information
received while holding public office. Likewise, under
Section 3(b) of the Ethics Act, 65 P.S. 403(b) no person
shall give to any public official and no public official
.hatl accept anything of value, based on the understanding
that - she public official's vote or judgment would be
inf u2nced thereby. Any contracting procedure or contracts
which you secure with units of local government must be
undertaken in compliance with Section 3 (b) . •
Conclusion: Your conduct as a public official and an
eleced representative of the House of Representatives must
conform to the provisions of the Ethics Act. These provi-
sions ; however, do not prohibit a member_ of the House of
Representatives from selling coml.:uter systems to units of
local government. In other respects, your conduct as a
public official in relation to such contracting should
conform to the standards outlined above.
Pursuant to Section 7(9) (ii) , this Advice is a complete
defense isi any enforcement proceeding initiated by the
Comissio >, 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
..s such
.nal y, if you disagree with this f_dvice or if you
Y -.•re
any reasc..�n to challenge same, you may request that the
full Commission review this Advice. A personal appearance
before the Comn.is ic:n 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 / 'dp
;i..� erely,
dra S. ,�i tianson
General Co el