HomeMy WebLinkAbout79-009 Greenblattti
Honorable Jack I. Greenblatt
Chairman
Pennsylvania Turnpike Commission
Harrisburg, Pennsylvania 17120
Dear Chairman Greenblatt:
STATE ETHICS COMMISSION
HARRISBURG, PA.
May 31, 1979
79) - 009
In our phone conversation of May 2, 1979, and Attorney
Irving W. Coleman's letter of May 9, 1979, you requested an opinion
of the Ethics Commission on the conflict of interest implications
raised by your private business dealings with Howard Johnson's. Based
on the facts presented to the Commission you are advised that as a
member of the Pennsylvania Turnpike Commission, appointed by the Governor
and confirmed by the Senate, you are a public official as defined by
Section 2 of Act 170.
Sections 3(a) and (b) are applicable to Public Officials.
Section 3(a) of the Act states, "No public official or public employee
shall use his public office or any confidential information received
through his holding public office to obtain financial gain other than
compensation provided by law for himself, a member of his immediate
family, or a business with which he is associated." Further, Section
3(b) states, "No person shall offer to give to a public official or
public employee or candidate for public office or a member of his
immediate family or a business with which he is associated, and no
public official or public employee or candidate for public office shall
solicit or accept, anything of value, including a gift, loan, political
contribution, reward, or promise of future employment based on any
understanding that the vote, official action or judgment of the public
official or public employee or candidate for public office would be
influenced thereby."
It is the opinion of the Ethics Commission that the business
situation that exists between you as Chairman of the Pennsylvania Turnpike
Commission, you as owner of Baral Investment Company, and Howard Johnson's,
a major concessionarie for the Turnpike, and the proposed sale or lease .
of the parcel of realty located at 1027 Union Boulevard, Allentown, Penn-
sylvania represents at least the appearance of a conflict of interest
and requires certain formal steps to be taken to insure compliance
with the law and spirit of the law. .v_
Jack I. Greenblatt
May 31, 1979
Page 2
The Ethics Law became effective on January 1, 1979 and actions
taken prior to that date are not under our jurisdiction. Since January 1,
1979, the Commission believes that it was proper for you to have abstained
from all Turnpike decisions concerning Howard Johnson's Company. These
prior actions must now be supplemented by a formal directive to the staff
requiring the routing of all mail, phone calls and other communications
involving Howard Johnson's to other members of the Commission without
coming to your attention in any manner or form. A written notice shall
be sent to Commission members and the Executive Director to the effect
that the Chairman will not attend meetings of the Commission when matters
affecting Howard Johnson's are to be considered. Copies of all written
documents furnished by the Commission to comply with this advice must
be sent to the Ethics Commission within 15 days of receipt of this notice.
This Opinion is given with the understanding that the parcel to be sold
or leased will not be used as any part of or related to Howard Johnson's
Turnpike services.
While the opinion of the Chief Counsel of the Turnpike Commission
was not part of our considerations, we note that his views are not incon-
sistent with our opinion.
The Ethics Commission wishes to express its appreciation to you
and Attorney Coleman for bringing this matter to our attention. This letter
is a part of the public record under the terms of Act 170.
If there is a change in the status of the business dealings
between the Baral Investment Company and Howard Johnson's Company, you
should ask the Ethics Commission for a review of the new situation.
State Ethics Commission
308 Finance Building
Harrisburg, PA 17120
(717) 783 -1610
Sincerely,
aul J. mith
Chairman
au; 01 slosiAiaans jo p.ieoq aq; 3o iaquiaui B jo luauzluioaus aye s4uulau Aissa.iuxa opt,'" upigii7 ()4 ssep E,uv.,d" dy l :NUINIdl
*awls Jaipour .ioj Tuviinsuoa awq -1JLd sr ivauiAoiduia sxuegsnq mac'
-uiaui paiaaig •pieoq 1Bg10l lalnsrail7Aimalaas SU!AJOS osig siosi u dns dnisuMol Jo pi oq E 3o .iaquiaui papaig a iriu