HomeMy WebLinkAbout81-612 PasserottiTracy Passerotti
Tracy's Excavating
8980 Rohl Road
North East, PA 16428
RE: Contracting, Restrictio :.'
Dear Mr. Passerotti:
Mailin Address:
STATE ETHICS COMMISSION
P.O. BOX 1179
HAr3R SBURG, PA 1 7108
TELEPHONE:: (717) 783 -1610
August 31, 1981
ADVICE OF .CiUNSEL
81-612
This responds to your letter of August 21, 1981 in
which you requested an opinion from the State Ethics
Commission.
Issue: In your letter yon, request advice as to whether you
may bid on contracts with the Harborcreek Township Sewer
Authority.
Facts: You currently serve as a Supervisor in Harborcreek
Township. The Harborcreek Township Sewer Authority (herein-
after "Authority ") is accenting sealed bids on September 8,
1981 for the consideration of a sewer extension project..
Your company, Tracy's Excav ting, wishes to submit a bid for
this project.
Discussion: At the outset we note that as an elected member
of the Board of Supervise in Harborcreek Township you are
within the classification !,f "public official" as that term
is used in the Ethics Act 65 P.S. 402. Therefore, your
conduct as an elected official is governed by the Ethics
Act.
However, the Ethics Act does not require that you abstain
from engaging in business activities. Specifically, the
pertinent provisions of the Ethics Act relating to contracting
in the situation you present, are found in Section 3(c) of
the Act which provides that:
State Ethics Commission e 308 Finance Building • Harrisburg, Pennsylvania
Tracy Passerotti
August 31, 1981
Page 2
Prior decisions of the State Ethics Commission indicate
that the Authority created under the Municipalities Authorities
Act such as the Harborcreek Township Sewer Authority is
considered a distinct governmental body from the Board of
Supervisors of Harborcreek Township. Accordingly, the
provisions cited above would not expressly apply to the
situation you present. Nevertheless, it appears that an
open and public process will occur in this case. Accordingly,
there is no prohibition against your company, Tracy's
Excavating in submitting bids for this project.
Conclusion: Tracy's Excavating is not prohibited from
submitting sealed bids for the sewer extension project under
the circumstances described above.
Pursuant to Section 7(9)(ii), 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.
SSC /rdp
No public official or public employee
or a member of his immediate family
or a business in which the person or
a member of the person's immediate
family is a director, officer, owner
or holder if stock exceeding 5% of
the equity at fair market value of
the business shall enter into any
contract valued at $500 or more with
a governmental body unless the
contract has been awarded through an
opera and public process, including
prior public notice and subsequent
public disclosure of all proposals
considered and contracts awarded...
5 P.S. 403 (c) .
Sin,¢erely,
ndra. S. Chr
General Couns
i164.4
tianson