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HomeMy WebLinkAbout81-635 CrosswellDear Mr. Crosswell: Mailing Address: STATE ETHICS COMMISSION P.O. BOX 1179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 November 2, 1981 ADVICE OF COUNSEL Mr. William C. Crosswell, Esquire 81 -635 700 North Duke Street P.O. Box 4686 Lancaster, PA 17604 RE: Township Planning Commission, Section 3(c) , Section 3(h) (1) This responds to your letter of September 17, 1981, in which you as solicitor for West Donegal Township, requested an opinion from the Ethics Commission. Issue: You asked whether an appointed member of the Township Planning Commission can contract with the Town- ship to provide engineering services without violating Section 3(h)(1) of the Ethics Act. Facts: You informed us that an architectural engineer is an appointed member of the West Donegal Township Planning Commission. The engineer may also contract with West Donegal Township to provide architectural or engineer- ing services. The Township has an appointed engineer who performs normal engineering work but would like to be able to use the specialized services of the archi- tectural engineer who is associated with the Planning Commission. Discussion: Under the Ethics Act, 65 P.S. Section 401 et seq., appointed, as well as elected, officials must observe certain restrictions when contracting with the political subdivision with which they are associated. As an appointed public official the planning commission State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania William C. Crosswell, Esquire November 2, 1981 Page 2 member cannot contract with the Township unless the Act is obeyed. Section 3(h)(1) of the Ethics Act provides that; Any individual who holds an appointed office in any political subdivision shall not have an interest in any contract or con- struction in which that political sub- division shall enter or have an interest. 65 P.S. Section 403(h)(1). In an earlier opinion the Ethics Commission stated: "The Commission believes that the questions arising under Section 3(h)(1) should be addressed ... in light of the safeguards contained in Section 3(c)." Nanovic, 80 -041. The appointed public official therefore, should be treated as similarly situated elected public officials. Id. Thus, the appointed member of the West Donegal Township Planning Commission should be subject to re- strictions similar to those embodied in Section 3(c) which allows public officials to contract with the govern- mental body with which they are associated. If, how- ever, the contract is valued at more than $500, the contract must be awarded in an open and public process. 65 P.S. Section 403(c) Should the value of the contract between West Donegal Township and the Planning Commission member exceed $500 it must be granted after a process including: (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. Subject to these restrictions the Planning Commission member may contract freely with the Township. William C. Crosswell, Esquire November 2, 1981 Page 3 Conclusion: Because an appointed public official is to be treated as a similarly situated elected public offi- cial, the prohibition of Section 3(h)(1) of the Ethics Act is to be interpreted in light of the safeguards of Section 3(c) of the statute. The appointed member of the West Donegal Township Planning Commission may con- tract with the Township to provide architectural engineer- ing services. Should the value of such a contract exceed $500 it must be awarded in an open and public 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. 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. SSC /lma 5481 Sincerely, andra S Christianson General ounsel