HomeMy WebLinkAbout79-026 WomerMr. Joseph R. Womer
315 `Peach Building
011 City, PA 16301
Dear Mr. Womer:
STATE ETHICS COMMISSION
HARRISBURG, PA.
July 9, 1979
79 -026
In your letter of February 15, 1979, you requested
the State Ethics Commission to furnish you an opinion concern -
ing the application of Section 3(c) of Act 170 of 1978. You
explained that you were interested in being a candidate for
local public office and stated that you were a partner in a
public accounting firm with a finanical interest in the firm
in excess of 5% of the firm's equity. You further explained
that your public accounting firm performs auditing and other
accounting services for governmental bodies under contracts
valued in excess of $500.00. You specifically requested an
opinion as to whether your firm would be restricted in any
manner by Act 170 from entering into contracts for accounting
services with governmental bodies if you became a public official.
If elected to a public office in a political subdivision
of the State, you would be a "public official" as that term is
used in Act 170. Section 3(c) of the act prohibits a "public
official" or any business in which the official is a holder of
stock exceeding 5% of the equity at fair market value from
entering into "any contract valued at $500.00 or more with a
governmental body unless the contract has been awarded through
an open and public process. . ." It is the Commission's opinion
that Section 3(c) of the Act is a limitation on a public
official's ability to contract with the governmental body with
which he is associated. Under Act 170, your accounting firm
could accept contracts with governmental bodies other than the
governmental body with which you are associated without regard
to the notice requirements of Section 3(c) of the Act.
This letter is a public record and will be made
available as such.
S sere y ,
(#,
Paul J. Smith
Chairman