HomeMy WebLinkAbout81-606 BeamerDiana L. Beamer
Nicholson Township Supervisors
RD #2, Box 278
Nicholson, PA 18446
Dear Ms. Beamer:
Mailin Address:
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: 1717) 783 -1610
August 25, 1981
ADVICE OF COUNSEL
RE: Township Employees, Equipment Rental
81 -606
This responds to your letter of June 3, 1981, in which
you, as Secretary for the Nicholson Township Board of
Supervisors, requested an opinion form the Ethics Commission.
Issue: You asked for advice as to whether a part -time
employee could be awarded an equipment rental contract.
Facts: You informed us that Nicholson Township has a part -
time employee who has bid for equipment rental. The contract
is for one year, 125 hours of backhoe work and 50 hours of
track loader work for one year.
Discussion: The Ethics Act, 65 P.S. §401 et seq., does not
absolutely forbid a contract between a governmental body and
one of its employees. Nicholson Township may contract with
its employee provided the statute's requirements are met.
The Act mandates that no public employee use his public
employment or confidential information received through
public employment to obtain financial gain for himself or a
business with which he is associated. 65 P.S. 5403(a). The
Township employee cannot use his position or confidential
information received through his position to obtain the
contract.
Further, Section 3(c) of the Act provides that no
public employee or any business in which the person or a
member of the person's immediate family is a director,
officer or owner of stock exceeding 5% of the fair market
value of the business shall enter into a contract valued at
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Diana L. Beamer
August 25, 1981
Page 2
$500 or more with a governmental body unless the contract is
awarded in an open and public process. 65 P.S. §403(c).
The Township employee can be awarded a contract valued at
more than $500 if the contract is let through a process
allowing for:
(1) Prior public notice; and
(2) public disclosure of all proposals considered; and
(3) public disclosure of the award of the contract.
Howard, 79 -044.
Conclusion: Assuming that the Township employee is a public
employee within the meaning of the Act, the Township may
contract with its employee provided the employee has not
used his employment or confidential information received
through his employment to obtain the contract.
If the contract is valued at more than $500 it must be
awarded in an open and public process including:
(1) Prior public notice; and
(2) public disclosure of all proposals considered; and
(3) public disclosure of the award of the contract.
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 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
Sincerely,
dra S. Ch''stianson
General Cou'sel