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HomeMy WebLinkAbout82-568 LigiJames J. Ligi, Solicitor Lackawanna County Commissioners Scranton, PA 18503 Dear Mr. Ligi: Mailing Address: STATE ETHICS COMMISSION P.O. BOX 1179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 August 6, 1982 ADVICE OF COUNSEL 82 -568 RE: Scranton Lackwanna Human Development Agency, County Commissioners, Real Estate Interest This responds to your letter of July 14, 1982, in which you requested advice from the State Ethics Commission. Issue: You ask whether there would be a conflict of interest or an appearance of a conflict of interest for a county commissioner who is an owner of an office building, if an agency within the county might rent space in that building? Facts: You indicate that one of the County Commissioners in Lackawanna County is a general partner and acts as president of a firm which owns an office building. The Scranton Lackawanna Human Development Agency (hereinafter, the Agency) intends to apply for a license to the Pennsylvania Department of Public Welfare to operate a day care training program. This Agency is a private non - profit Agency operated as part of the Comprehensive Employment Training Act (CETA) program. One third of the Board of the Agency is appointed by the County Commissioners, however, there is no further relation- ship between the County Commissioners and the Agency. If the license which is to be sought by the Agency as outlined above is secured, the Agency intends to rent space in the building owned by the part- nership of one of the County Commissioners. Discussion: Initially, we note that the County Commissioner, as an elected official, is considered a "public official" within the purview of the Ethics Act. Accordingly, the County Commissioner's conduct must conform to the requirements of the Ethics Act. Under the circumstances that you present, the fact that the County Commissioners appoint one third of the directors of the Agency does not override the fact that the Agency is separate and distinct from the Office of the County Commissioners. Accordingly, any contract between the Agency and the business with which one of the County Commissioners is associated, as that term is defined in the Ethics Act, is not p or State Ethics Commission • 308 Finance Building • Harrisburg. Pennsylvania dames J. Ligi, Solicitor August 6, 1982 Page 2 required to be awarded only after an open and public process as set forth in Section 3(c) of the Ethics Act, 65 P.S. 403(c). Only those contracts between the governmental body with whom the County Commissioner is associated (here the County) and a business with which the County Commissioner might be asso- ciated would be subject to the requirements of Section 3(c) of the Ethics Act. While Section 3(c) of the Ethics Act does not apply to the contract between the Agency and the business of the County Commissioner, we must address the question of whether or not such a contract might otherwise be precluded by the Ethics Act. In analyzing this question we must consider whether the interests of the Agency or the business with which the County Commissioner is associated conflict. As the Commission has stated, it is only where the interests of these parties would be "adverse" to each other that the Ethics Act would interpose any requirements. See Alfano, 80 -007. Under the circumstances that you present, we do not find that the interests of these parties are adverse to one another or are in conflict with one another so as to preclude the Agency from renting the space from the County Commissioner's business. Conclusion: Under the circumstances presented,.there is no requirement under the Ethics Act that the contract between the County Commissioner's business and the Agency be awarded only after an open and public process because Section 3(c) of the Ethics Act would not apply to this contractual relation- ship. Nor would any conflict or appearance of a conflict with the public trust arise under the circumstances presented. 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 will be scheduled and a formal Opinion from the Commission will be issued. Any such appeal must be made, in writing, to the Commission within 15 days of service of this Advice pursuant to 51 Pa. Code 2.12. SSC /rdp Sincerely, Sandra S. Chr stianson General Cou sel