HomeMy WebLinkAbout81-613 BestDear Mr. Best
Mailing Address:
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
September 2, 1981
ADVICE OF COUNSEL
Robert N. Best
11 Longview Drive
Mechanicsburg, PA 17055
RE: Public Employees, Section 3
81-613
This responds to your letter of July 7, 1981, in which you
requested an opinion from the Ethics Commission.
Issue: You requested advice as to whether and under what
circumstances you, an employee of the Bureau of Corrections,
can contract with state agencies.
Facts: You informed us that you are employed by the Bureau of
Corrections as a Records Supervisor for the nine state correc-
tional institutions. As a part -time business you manufacture
funiture. This process utilizes various stains and abrasives
and you have become a dealer in these items. You would like to
submit bids to state agencies, including the Bureau of Correc-
tions, that purchase stains and similar material.
Discussion: As a public employee you are subject to the Ethics
Act, 65 P.S. §401 et seq. The Act does not, however, absolutely
preclude a public employee from engaging in business. Sowers,
80 -050. So long as the provisions of the statute are observed
you may submit bids to both the Bureau of Corrections and other
state agencies.
Initially, we note that Section 3(a) of the Act forbids a
public employee from using his employment or confidential
information gained in the course of his employment to obtain
financial gain for himself or a business with which he is
associated. 65 P.S. §403(a). You may not use your public
position or confidential information received as a Records
Supervisor to obtain financial gain for yourself or your
business. Nor may any person offer you anything of value,
including the promise of future employment, based on any under-
standing that your official actions would be influenced thereby.
65 P.S. §403(b). These restrictions apply whether you are
dealing with the Bureau or any other governmental body.
State Ethics Commission ? 308 Finance Building • Harrisburg, Pennsylvania
Robert N. Best
September 2, 1981
Page 2
Section 3(c) provides that no public employee or any
business in which the person or a member of the person's family
is a director, officer or owner of stock exceeding 5% of the
equity at fair market value of the business shall enter into
any contract valued at more than $500 with a governmental body
unless the contract is awarded in an open and public process.
65 P.S. §403(c). The governmental body with which you are
associated is the Bureau of Corrections. Therefore, any contract
between you and the Bureau valued at more than $500 must be
awarded in a process that includes:
(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.
If you do not use your public employment to obtain
contracts or allow your official actions to be influenced by
the promise of future employment (see Section 3(a) and (b) as
discussed above) you may contract with governmental bodies
other than the Bureau of Corrections without compliance with
the open and public process requirements imposed by Section
3(c), 65 P.S. §403(c) with reference to the Bureau of
Corrections.
Conclusion: As a public employee you may do business with
governmental bodies, including your employer, the Bureau, if
you do not use your public employment to obtain financial gain
for yourself or your business. Nor may you allow a promise of
future employment to influence your official actions.
Should you enter into a contract with the Bureau of
Corrections valued at more than $500 the contract must be
awarded in an open and public process providing for:
(1) Prior public notice; and
(2) public disclosure of all proposals considered; and
(3) public disclosure of the award of the contract.
Provided Sections 3(a) and (b) are observed, you may
contract with governmental bodies other than the Bureau of
Corrections without reference to the open and public process
provisions of Section 3(c) of the Act.
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.
Robert N. Best
September 2, 1981
Page 3
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,
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General Co sel