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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